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BROWN v. FALLIS

Civ. A. No. 70-C-54.

311 F.Supp. 548 (1970)

Wilbert Montell BROWN, Plaintiff, v. S. M. FALLIS, District Attorney For Tulsa County, Oklahoma, Jack Purdie, Chief of Police, Tulsa, Oklahoma, G. T. Blankenship, Attorney General of the State of Oklahoma, Dewey Bartlett, Governor of the State of Oklahoma, Individually and in their official capacities, Defendants.

United States District Court, N. D. Oklahoma.

March 20, 1970.

Attorney(s) appearing for the Case

James O. Goodwin, Waldo Jones, II, Tulsa, Okl., for plaintiff.

Irvine E. Ungerman of Ungerman, Grabel, Ungerman & Leiter, G. W. Newton, Chief Civil Assistant, Tulsa, Okl., W. Howard O'Bryan, Asst. Atty. Gen., State of Oklahoma, Oklahoma City, Okl., for defendants.

Before HOLLOWAY, Circuit Judge, and BOHANON and BARROW, District Judges.

MEMORANDUM OPINION AND ORDER

PER CURIAM.

This action seeks injunctive and declaratory relief from prosecution and enforcement against plaintiff Brown of 21 O.S.1961, § 906, the Oklahoma statute pertaining to obscene utterances.1 The complaint alleges that the Oklahoma statute is unconstitutional under the First Amendment as applied to the States by the Fourteenth Amendment for...

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