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STATE EX REL. MAIZELS v. JUBA

460 P.2d 850 (1969)

IN THE MATTER OF THE SEIZURE OF THE FILMS LOVE ROBOTS AND LITTLE GIRLS, and Two Posters and One Advertising Brochure. STATE of Oregon ex rel. Sol D. Maizels, Respondent, v. George E. JUBA, As District Court Judge, Appellant.

Supreme Court of Oregon, In Banc.

Decided November 5, 1969.

Attorney(s) appearing for the Case

Jacob B. Tanzer, Asst. Chief Deputy Dist. Atty., Portland, argued the cause for appellant. With him on the briefs was George Van Hoomissen, Dist. Atty., Portland.

Marvin S. Nepom, Portland, argued the cause for respondent. With him on the brief were Paul R. Meyer, Leo Levenson, and Kobin & Meyer, Portland.

HOLMAN, Justice.

This is an appeal from the issuance of a peremptory writ of mandamus by the circuit court.

Petitioner operates a theater in Portland. He scheduled a two-week showing of two films entitled "Love Robots" and "Little Girls." On the first day of the showing a deputy district attorney attended a performance. The deputy thereafter filed an affidavit and made application to a district judge for a search...

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