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OVERSTOCK BOOK COMPANY v. BARRY

Nos. 432, 433, Dockets 34833, 35620.

436 F.2d 1289 (1970)

OVERSTOCK BOOK COMPANY, Inc., Appellee-Cross-Appellant, v. John L. BARRY, in his capacity as Police Commissioner for the County of Suffolk Police Department, and George J. Aspland, in his capacity as District Attorney for the County of Suffolk, State of New York, Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 23, 1970.

Attorney(s) appearing for the Case

Floyd Sarisohn, Commack, N.Y., and Robert Eugene Smith, Towson, Md., for appellee-cross-appellant.

George J. Aspland, Riverhead, N.Y., pro se.

George W. Percy, Jr., Riverhead, N.Y., for John L. Barry.

Before KAUFMAN, HAYS and GIBBONS, Circuit Judges.

GIBBONS, Circuit Judge:

This case involves an attack on the constitutionality of the New York obscenity statute. The appellee-cross-appellant is a New York corporation which filed in the district court a complaint, verified on information and belief, and with four supporting exhibits, in which it sought injunctive and declaratory relief and damages from the defendants Barry, Police Commissioner, and Aspland, District Attorney for Suffolk County. Since the constitutionality...

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