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FONTAINE v. DIAL

Civ. A. No. SA69CA136.

303 F.Supp. 436 (1969)

Richard FONTAINE v. Preston DIAL and Billy Cunningham.

United States District Court W. D. Texas, San Antonio Division.

August 5, 1969.

Attorney(s) appearing for the Case

Frierson Graves, Memphis, Tenn., Neill Boldrick, Jr., Frederick Shannon, Jr., San Antonio, Tex., for plaintiff.

Preston H. Dial, Jr., San Antonio, Tex., Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., for defendants.

Before THORNBERRY, Circuit Judge, SPEARS, Chief District Judge, and SUTTLE, District Judge.

OPINION

SPEARS, Chief District Judge:

Plaintiff is the manager of the Joy Theatre which engages in the rental and exhibition of motion picture film in San Antonio. Defendants Dial and Cunningham are, respectively, an assistant district attorney of Bexar County, and an investigator in the district attorney's office.

On May 6, 1969, a search warrant directing the seizure of specifically named motion picture film, trailers, and posters from the premises...

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