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POULOS v. RUCKER

Civ. A. No. 2625-N.

288 F.Supp. 305 (1968)

Theodore A. POULOS, Jr., Plaintiff, v. Jack B. RUCKER, Commissioner of Public Affairs, Drue H. Lackey, Jr., Chief of Police, City of Montgomery, Ralph M. Hammonds, Detective, City of Montgomery, Defendants.

United States District Court M. D. Alabama, N. D.

July 10, 1968.

Attorney(s) appearing for the Case

J. Paul Lowery, Montgomery, Ala., for plaintiff.

Ira DeMent, Montgomery, Ala., for defendants.

MEMORANDUM OPINION

JOHNSON, Chief Judge.

Plaintiff, the operator of a news and magazine stand in Montgomery, Alabama, seeks a declaratory judgment, pursuant to 28 U.S.C. § 2201, as to the obscenity, vel non, of certain publications1 admittedly seized by the defendants in the enforcement or attemped enforcement of the Montgomery obscenity ordinance2

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