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CITY NEWS CENTER, INC. v. CARSON

Civ. No. 69-268.

310 F.Supp. 1018 (1970)

CITY NEWS CENTER, INC., a body corporate of the State of Florida, etc., Petitioner, v. Dale CARSON, in his capacity as Sheriff for the City of Jacksonville and Duval County, Florida, et al., Respondents.

United States District Court, M. D. Florida, Jacksonville Division.

February 25, 1970.

Attorney(s) appearing for the Case

Robert Eugene Smith, Towson, Md., and Norman J. Abood, Jacksonville, Fla., for petitioner.

David U. Tumin, Asst. Counsel, Jacksonville, Fla., for respondents.

PRELIMINARY INJUNCTION

WILLIAM A. McRAE, Jr., District Judge.

This is an action seeking damages and injunctive relief under 42 U.S. C. § 1983 from the enforcement of the Florida obscenity statute, section 847.011, in an unconstitutional manner. In addition, petitioner seeks a declaratory judgment, under 28 U.S.C. § 2201, that the Florida statute is unconstitutional as applied.1 Jurisdiction is based on 28 U.S.C. §...

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