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QUINN v. A BOOK NAMED "SIXTY EROTIC DRAW. FROM JULIETTE"

Civ. A. No. 70-675.

316 F.Supp. 289 (1970)

Robert H. QUINN, Attorney General for the Commonwealth of Massachusetts v. A BOOK NAMED "SIXTY EROTIC DRAWINGS FROM JULIETTE" (Through Grove Press, Inc., the Publisher and Copyright Holder of the book).

United States District Court, D. Massachusetts.

June 17, 1970.

Attorney(s) appearing for the Case

No appearance for plaintiff.

Herbert S. Swartz, Brookline, Mass., for defendant.

OPINION

WYZANSKI, Chief Judge.

The principal question is whether a proceeding by the Attorney General of Massachusetts to have a book declared obscene pursuant to Mass.G.L. c. 272, Section 28C, is removable to the United States District Court by a New York corporation which is the publisher of the book on the ground that the proceeding is that sort of "civil action" of which this Court has original jurisdiction under

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