JODBOR CINEMA, LTD. v. SEDITA

Civ. No. 1969-335.

309 F.Supp. 868 (1970)

JODBOR CINEMA, LTD., a Body Corporate of the State of New York, Doing business as Fine Art Theater, 663 Main Street, Buffalo, New York, Plaintiff, v. Frank A. SEDITA, in his capacity as Mayor of the City of Buffalo, Buffalo, New York and Anthony Manguso, in his capacity as City Corporation Counsel for the City of Buffalo, Buffalo, New York and Frank M. Felicetta, in his capacity as Commissioner of Police, City of Buffalo, Buffalo, New York and Frank V. Spano, in his capacity as Detective Sergeant of the Buffalo City Police and in charge of the Salacious Literature Squad of the Buffalo City Police, Buffalo, New York and Michael F. Dillon, in his capacity as District Attorney of the County of Erie, Buffalo, New York, Defendants, Jointly and Severally.

United States District Court, W. D. New York.

January 23, 1970.


Attorney(s) appearing for the Case

Doyle, Diebold & Bermingham, Buffalo, N. Y. (Vincent E. Doyle, Jr., and Joseph D. Bermingham, Buffalo, N. Y., of counsel), and Robert Eugene Smith, Towson Md., for plaintiff.

Anthony Manguso, Corp. Counsel for the City of Buffalo, Buffalo, N. Y., for defendants Sedita, Manguso, Felicetta & Spano.

Michael F. Dillon, Dist. Atty. of Erie County, Buffalo, N. Y. (M. Dolores Denman, Asst. Dist. Atty., of counsel), for defendant Dillon.


CURTIN, District Judge.

Plaintiff, a New York corporation doing business in Buffalo, New York as the Fine Art Theater, commenced this action against the defendants on September 15, 1969 under the Civil Rights Act (42 U.S.C. § 1983; 28 U.S.C. § 1343) seeking, among other things, a judgment (28 U.S.C. § 2201) declaring Buffalo Charter Provisions, Sections 101 and 102,1 Buffalo Ordinances, Sections

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