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GUNDLACH v. RAUHAUSER

Civ. No. 69-343.

304 F.Supp. 962 (1969)

H. L. GUNDLACH, York, Pennsylvania, Plaintiff, v. John F. RAUHAUSER, Jr. in his capacity as District Attorney for the County of York, Commonwealth of Pennsylvania, Defendant.

United States District Court M. D. Pennsylvania.

October 21, 1969.

Attorney(s) appearing for the Case

McNees, Wallace & Nurick, Harrisburg, Pa., Robert E. Smith, Towson, Md., for plaintiff.

John T. Miller, Asst. Dist. Atty. of York County, York, Pa., Edward Friedman, Counsel General, Com. of Pa., Harrisburg, Pa., for defendant.

Before MARIS, Circuit Judge, and SHERIDAN and NEALON, District Judges.

PER CURIAM.

In this action, Herbert L. Gundlach seeks injunctive and declaratory relief against John Rauhauser, Jr., District Attorney of the County of York, Pennsylvania. At issue are the actions instituted in the York County Common Pleas Court by the District Attorney under the Pennsylvania Obscenity Statute, 18 P.S. § 4524 (Supp. 1969), seeking to restrain plaintiff from the further sale and distribution of certain "adult type" publications and materials....

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