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BETHVIEW AMUSEMENT CORP. v. CAHN

No. 724, Docket 33799.

416 F.2d 410 (1969)

BETHVIEW AMUSEMENT CORP., George Hall, Ruth Bakey, Clyde Bruce, Tom Cuccarole and Richard Halback, Plaintiffs-Appellees, v. William CAHN, District Attorney for Nassau County, State of New York, Richard Delin, Chief Assistant District Attorney for Nassau County, State of New York, John Lang, Detective Sergeant, Nassau County Police Department, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided October 6, 1969.

Attorney(s) appearing for the Case

Morton Alpert, New York City, Alpert & Rosenberg, New York City, for Bethview Amusement Corp.

Jerome S. Rubenstein, New York City, for Tom Cuccarole.

George D. Levine, Asst. Dist. Atty. of Nassau County, Mineola, N. Y. (William Cahn, Dist. Atty. of Nassau County, Mineola, N. Y.), for appellants.

Before WATERMAN and HAYS, Circuit Judges, and BARTELS, District Judge.

HAYS, Circuit Judge:

This is an appeal from an order of the United States District Court for the Eastern District of New York, directing the return to appellees of a print of a motion picture film entitled "Odd Triangle" seized by police officers under the control of appellants as being obscene. We affirm the order of the district court.

There is no controversy as to the facts. Bethview Amusement Corp. is the owner of a motion picture theater known as Bethview...

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