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CHEROKEE NEWS AND ARCADE, INC. v. FIELD

Civ. No. 70-49.

311 F.Supp. 1194 (1970)

CHEROKEE NEWS AND ARCADE, INC. (a Body Corporate of the State of Oklahoma), Plaintiff, v. Vernon C. FIELD, Esquire, in his capacity as District Attorney for Comanche County, and Alford T. Hennessee, in his capacity as Chief of Police, Lawton, Oklahoma, and Paul Elkin, in his capacity as Sheriff for Comanche County, Defendants.

United States District Court, W. D. Oklahoma.

March 16, 1970.

Attorney(s) appearing for the Case

Don E. Gasaway and Stan P. Doyle, of Woodson, Gasaway & Doyle, Tulsa, Okl., and Robert Eugene Smith and Harry B. Shadoan, Towson, Md., for plaintiff.

G. T. Blankenship, Atty. Gen., State of Oklahoma, W. Howard O'Bryan, Jr., H. L. McConnell and Max A. Martin, Asst. Attys. Gen., State of Oklahoma, and Vernon C. Field, Lawton, Okl., for defendants.

Before MURRAH, Chief Circuit Judge, and DAUGHERTY and EUBANKS, District Judges.

MEMORANDUM OPINION

EUBANKS, District Judge.

By its complaint filed herein on January 30, 1970, the Cherokee News and Arcade, Inc., sought a temporary restraining order, preliminary injunction, permanent injunction, and damages against the defendants acting in their official capacity. Specifically plaintiff seeks to have declared unconstitutional Sections 1021 through 1041.51 of the Oklahoma Statutes which said statutes will be hereinafter referred to as...

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