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WASHINGTON FREE COMMUNITY v. STATE'S ATTY. OF MONTGOMERY CO., MD.

Civ. No. 20811.

300 F.Supp. 487 (1969)

The WASHINGTON FREE COMMUNITY, Joseph Brinton Dillingham, John C. Dillingham, Ian E. McNett, and Michael Tabor, Plaintiffs, v. The STATE'S ATTORNEY OF MONTGOMERY COUNTY, MARYLAND, Superintendent of Police of Montgomery County, Maryland, Defendants.

United States District Court D. Maryland.

May 28, 1969.

Attorney(s) appearing for the Case

Joseph Forer, Washington, D. C., for plaintiffs.

Alfred J. O'Ferrall, III, and Robert A. DiCicco, Asst. Attys. Gen., Baltimore, Md., for defendant, The State's Attorney of Montgomery County, Md.

David L. Cahoon, Rockville, Md., County Atty. for Montgomery County, Md., for defendant, Superintendent of Police of Montgomery County, Md.

Before THOMSEN, Chief Judge, and NORTHROP, District Judge.

PER CURIAM:

In their complaint, filed May 27, 1969, plaintiffs seek (1) a declaratory judgment that page 9 of the March 15-31, 1969 issue of the Washington Free Press and particularly a cartoon appearing thereon, and reprints thereof, are protected by the First Amendment and may not constitutionally be treated as obscene matter under Article 27, Section 418 of the Maryland Code;1 (2) a temporary restraining order, a preliminary injunction...

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