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NISSINOFF v. HARPER

No. J-33.

212 So.2d 666 (1968)

Melvin NISSINOFF and Hyla Carr, Individually and As Co-Partners Doing Business As Gulf Follies Theatre and "Lorna", As a Movie Film, Appellants, v. Carl H. HARPER, As County Solicitor of Escambia County, Florida, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied August 14, 1968.

Attorney(s) appearing for the Case

Alan H. Rosenbloum of Levin, Askew, Warfield, Levin & Graff, Pensacola, for appellants.

Earl Faircloth, Atty. Gen., T.T. Turnbull, Halley B. Lewis, Asst. Attys. Gen., for appellee.

CARROLL, DONALD K., Judge.

The defendants in an action for declaratory relief have appealed from a final decree entered by the Court of Record for Escambia County, declaring that the motion picture film "Lorna" is lewd and obscene, and ordering the film's destruction.

The sole question before us for determination is whether the said film is lewd and obscene within the provisions of Section 847.011, Florida Statutes, F.S.A.

That section provides in...

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