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GABLE v. JENKINS

Civ. A. No. 13001.

309 F.Supp. 998 (1969)

George GABLE, doing business as Book Sales Co., Plaintiff, v. Herbert T. JENKINS, Chief of Police of the City of Atlanta, Defendant.

United States District Court, N. D. Georgia, Atlanta Division.

Judgment Affirmed April 20, 1970.

Attorney(s) appearing for the Case

Wesley R. Asinof, Charles E. Markeles, Atlanta, Ga., for plaintiff.

Henry L. Bowden, John E. Dougherty, Arthur K. Bolton, Atty. Gen., Courtney Wilder Stanton, Asst. Atty. Gen., Atlanta, Ga., for defendant.

Before MORGAN, Circuit Judge, and HOOPER and SMITH, District Judges.

Judgment Affirmed April 20, 1970. See 90 S.Ct. 1351.

LEWIS R. MORGAN, Circuit Judge:

Plaintiff George Gable is engaged in the business of distributing printed material consisting of books, magazines and periodicals, and defendant Chief of Police Herbert T. Jenkins, whose duty it is to enforce the penal laws of the State, has caused plaintiff to be arrested and a number of his books seized for violating Code 26-2101 prohibiting the distribution of obscene material...

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