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GROVE PRESS, INC. v. BROCKETT

No. 3300.

312 F.Supp. 496 (1970)

GROVE PRESS, INC., a New York corporation, Plaintiff, v. Donald C. BROCKETT, individually, and as County Prosecutor of the County of Spokane, State of Washington, Edward W. Parsons, individually, and as Chief of Police of the City of Spokane, County of Spokane, State of Washington, William J. Reilly, individually, and as Sheriff of the County of Spokane, State of Washington, and Thomas O'Brien, individually, and as Police Inspector for the City of Spokane, County of Spokane, State of Washington, Defendants.

United States District Court, E. D. Washington, N. D.

April 1, 1970.

Attorney(s) appearing for the Case

Erickson & Worthington, Spokane, Wash., Stanley Fleishman, Hollywood, Cal., for plaintiff.

Richard F. Wrenn, Deputy Prosecuting Atty., Spokane, Wash., for defendants Prosecuting Attorney and Sheriff.

Norman dePender, Corp. Counsel, Spokane, Wash., for defendants Chief of Police and Police Inspector.

Before WRIGHT, Circuit Judge, and BOLDT and GOODWIN, District Judges.

OPINION OF THE COURT

PER CURIAM.

Section 9.68.010 of the laws of the State of Washington provides in part:

"9.68.010 Obscene literature, shows, etc. Every person who— "(1) Having knowledge of the contents thereof shall exhibit, sell, distribute, display for sale or distribution, or having knowledge of the contents thereof shall have in his possession with the intent to sell...

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