MILLER v. STATE OF CALIFORNIA

Docket No. 34993.

6 Cal.App.3d 202 (1970)

85 Cal. Rptr. 801

MARVIN MILLER et al., Plaintiffs and Appellants, v. THE STATE OF CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, Second District, Division One.

March 31, 1970.


Attorney(s) appearing for the Case

COUNSEL

Marks, Sherman & London and Robert H. London for Plaintiffs and Appellants.

Thomas C. Lynch, Attorney General, and Bradley A. Stoutt, Deputy Attorney General, for Defendant and Respondent.


GUSTAFSON, J.

Plaintiffs Marvin Miller and Covina Publishing, Inc., a corporation of which Miller is an officer, director and shareholder, filed a complaint May 22, 1968, in which the corporate plaintiff sought a declaration that a book entitled "Intercourse" is not obscene and both plaintiffs sought an injunction prohibiting defendant through any of its agents from prosecuting plaintiffs for publishing, distributing or selling the book. After a demurrer...

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