TYRONE, INC. v. WILKINSON

Nos. 13192, 13193.

410 F.2d 639 (1969)

TYRONE, INC., a Virginia corporation, trading as Lee Art Theatre, and Howard William Burtnett, Appellees, v. James B. WILKINSON, Commonwealth's Attorney for the City of Richmond, Virginia, and Frank S. Duling, Chief of Police for the City of Richmond, Virginia, Appellants. TYRONE, INC., a Virginia corporation, trading as Lee Art Theatre, and Howard William Burtnett, Appellants, v. James B. WILKINSON, Commonwealth's Attorney for the City of Richmond, Virginia, and Frank S. Duling, Chief of Police for the City of Richmond, Virginia, Appellees.

United States Court of Appeals Fourth Circuit.

Decided May 6, 1969.


Attorney(s) appearing for the Case

James B. Wilkinson, Commonwealth Atty. for the City, Richmond, Va., for appellants and appellees Wilkinson and Duling.

T. Wilson Hotze, Jr., and Joseph S. Bambacus, Richmond, Va., for appellees and appellants Tyrone, Inc. and Burtnett.

Before SOBELOFF, WINTER and BUTZNER, Circuit Judges.


BUTZNER, Circuit Judge:

In October 1968 the defendants, the Commonwealth's Attorney and the Chief of Police for the City of Richmond, seized the film, "Angelique in Black Leather," at the Lee Art Theatre, which is operated by the plaintiffs.1 They had a search warrant secured upon affidavits of four police officers and two lawyers, who, along with the magistrate who issued the warrant, had all viewed the film. Subsequently, the theatre...

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