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RAPHAEL v. HOGAN

No. 69 Civ. 1261.

305 F.Supp. 749 (1969)

Lennox RAPHAEL, James Sullivan, Edward Wode, Donald McAdams, Sait Muneyycirci, Paul Georgiou, Larry Bercowitz, John Kornhauser, Mary Ann Shelley and Jean Baretich, Plaintiffs, v. Frank S. HOGAN, District Attorney, New York County, and Howard R. Leary, Police Commissioner of the City of New York, Defendants.

United States District Court S. D. New York.

April 28, 1969.

Attorney(s) appearing for the Case

Lefcourt, Garfinkle, Crain & Cohn, New York City, for plaintiffs; William E. Crain, New York City, of counsel.

Frank S. Hogan, Dist. Atty. New York County, New York City, for defendant; Michael R. Juviler, Lewis R. Friedman, Herman Kaufman, Asst. Dist. Attys., of counsel.

J. Lee Rankin, Corp. Counsel, New York City, for defendant Howard R. Leary; John J. Loflin, Jr., New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, pro se; Robert S. Hammer, Asst. Atty. Gen., of counsel.

OPINION

COOPER, District Judge.

This action arises out of the public performance in the Borough of Manhattan, City of New York, of the play "Che!" and the ensuing arrests and pending prosecution by the State of New York of the author, director, actors, actresses, and other persons associated with its production (the plaintiffs herein) for obscenity,1 consensual sodomy,

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