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GROVE PRESS INC. v. CITY OF PHILADELPHIA

No. 17956.

418 F.2d 82 (1969)

GROVE PRESS INC. v. CITY OF PHILADELPHIA, Appellant.

United States Court of Appeals Third Circuit.

Decided November 3, 1969.

Attorney(s) appearing for the Case

Levy Anderson, Thomas A. Matthews, Asst. City Solicitor, George J. Ivins, Deputy City Solicitor, Matthew W. Bullock, Jr., Second Deputy City Solicitor, Edward G. Bauer, Jr., City Solicitor, Philadelphia, Pa., for City of Philadelphia.

Aaron M. Fine, Dilworth, Paxson, Kalish, Kohn & Levy, Harold E. Kohn, Philadelphia, Pa., for appellee.

Before HASTIE, Chief Judge, BIGGS and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

On April 23, 1969, a Swedish motion picture titled "I Am Curious (Yellow)" opened for showing in the City of Philadelphia. That same day, the city solicitor filed an action in equity in the Court of Common Pleas of Philadelphia County seeking to enjoin exhibition of the film on the grounds that it was obscene and a public nuisance.1 In this ex parte proceeding, a Rule to Show Cause...

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