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DEMICH, INC. v. FERDON

Nos. 24959, 24960, 24961 and 24976.

426 F.2d 643 (1970)

DEMICH, INC., et al., Plaintiffs-Appellees, v. John J. FERDON, Thomas Cahill, Alan Nelder, Edward J. Nevin, Defendants-Appellants. Alex DeRENZY, Plaintiff-Appellee, v. Thomas CAHILL et al., Defendants-Appellants, The People of the State of California, Intervening-Defendant-Appellant. Les A. NATALI, Plaintiff-Appellee, v. The MUNICIPAL COURT OF the CITY AND COUNTY OF SAN FRANCISCO et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

May 13, 1970.

Attorney(s) appearing for the Case

Clifford K. Thompson (argued), Deputy Atty. Gen., Thomas C. Lynch, Cal. Atty. Gen., Thomas M. O'Connor, John Jay Ferdon, Jerome T. Benson, San Francisco, Cal., for appellants.

Carter Stroud (argued), of C. Ray Robinson, Merced, Cal., Kenneth C. Zwerin (argued), Michael Kennedy (argued), San Francisco, Cal., for appellees.

Paul N. Halvonik, ACLU, Jerome B. Falk, Jr., San Francisco, Cal., amicus curiae.

Before MERRILL, ELY and CARTER, Circuit Judges.

MERRILL, Circuit Judge:

Plaintiffs-Appellees are proprietors of motion-picture houses in San Francisco. Each has brought suit under 42 U.S.C. § 1983 charging appellants with having wrongfully seized allegedly obscene films that had been exhibited by appellees to their theater patrons. In each case the seizure was pursuant to a search warrant,1 issued ex parte on a showing that the movies were in violation of California laws...

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