MERRITT v. LEWIS

Civ. No. S-1158.

309 F.Supp. 1249 (1970)

Richard W. MERRITT, Plaintiff, v. George LEWIS, John Price, Ronald Tochterman and the Honorable Robert N. Zarick, Defendants.

United States District Court, E. D. California.

January 19, 1970.


Attorney(s) appearing for the Case

Richard M. Grossberg, Sacramento, Cal., for plaintiff.

Thomas C. Lynch, Atty. Gen., State of Cal., Sacramento, Cal., for defendants.


MEMORANDUM AND ORDER

MacBRIDE, Chief Judge.

Plaintiff has brought an action under the Civil Rights Act (42 U.S.C. § 1983) to secure the return of a film and to enjoin future seizures of his films without a prior adversary hearing on the question of their obscenity. On June 27, 1969, this court filed a Memorandum and Order holding that the state procedure disclosed by this record did not violate the Constitution...

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