HOSEY v. CITY OF JACKSON, MISSISSIPPI

Civ. A. No. 4423.

309 F.Supp. 527 (1970)

James Ira HOSEY and ABC Mid-South Theatres, Inc., a Delaware Corporation, Plaintiffs, v. CITY OF JACKSON, MISSISSIPPI, a municipal corporation, Honorable Russell C. Davis, Mayor of the City of Jackson, Honorable James L. Spencer, Police Justice of the City of Jackson, Honorable Robert G. Nichols, Prosecuting Attorney for the City of Jackson, J. A. Chamblee and Joe Alford, Police Officers of the City of Jackson, Mississippi, Paul G. Alexander, County Attorney of Hinds County, Mississippi and Jack A. Travis, Jr., District Attorney of the Seventh District of the State of Mississippi, Defendants.

United States District Court, S. D. Mississippi, Jackson Division,

January 22, 1970.


Attorney(s) appearing for the Case

Alex A. Alston, Jr., Jackson, Miss., for plaintiffs.

A. F. Summer, Atty. Gen., State of Mississippi, Jackson, Miss., Will S. Wells, Asst. Atty. Gen., Jackson, Miss., E. W. Stennett, Robert G. Nichols, Jr., John R. Countiss, III, Jackson, Miss., Thomas H. Watkins, Jackson, Miss., for defendants.

Before RIVES, Circuit Judge, and RUSSELL and NIXON, District Judges.


NIXON, District Judge:

Plaintiffs by this action seek to enjoin the enforcement of a Mississippi obscenity statute against the public showing of the motion picture film entitled "Candy". The statute in question, Section 2286, Mississippi Code Annotated, Recompiled,1 is alleged to be unconstitutional on its face or as applied. The plaintiffs thus request this three-judge court, properly convened...

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