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POTWORA v. DILLON

No. 164, Docket 31748.

386 F.2d 74 (1967)

Francis POTWORA and Imperial News Company, Inc., Plaintiffs-Appellants, v. Michael F. DILLON, Individually and in his capacity as District Attorney of Erie County, Buffalo, New York, Frank Felicetta, Individually and in his capacity as Commissioner of Police of the City of Buffalo, New York, Louis Wenzka, Individually and in his capacity as Chief of Police, Village of Depew Police Department, Frank Spano, Individually and in his capacity as Head of the Salacious Literature Squad of the Buffalo Police Department, and John Maccarone, Individually and as a Member of the Depew Police Department, Defendants-Respondents.

United States Court of Appeals Second Circuit.

Decided November 15, 1967.

Attorney(s) appearing for the Case

Harold Price Fahringer, Lipsitz, Green, Fahringer, Roll, Schuler & James, Buffalo, N. Y., for plaintiffs-appellants.

Arthur G. Baumeister, Asst. Dist. Atty., Erie County, Buffalo, N. Y. (William E. Carey, Asst. Dist. Atty., of counsel on the brief), for appellee Michael F. Dillon.

Before FRIENDLY, KAUFMAN and ANDERSON, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal is from an order of the District Court for the Western District of New York denying a mandatory injunction for the return of a quantity of books alleged to have been illegally seized. It comes to us upon a record consisting only of the complaint, an order to show cause, an answer of two defendants, and a brief opinion.

The plaintiffs are Francis Potwora, who is the subject of a criminal charge for selling obscene books...

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