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HAYSE v. VAN HOOMISSEN

Civ. No. 69-743.

321 F.Supp. 642 (1970)

James A. HAYSE, John L. Golden, Harold G. Childs and Fred R. Wunderlich, Plaintiffs, v. George VAN HOOMISSEN, individually and as District Attorney for Multnomah County, Oregon, James C. Holzman, Individually and as Director of Public Safety for Multnomah County, Oregon, Norman D. Brown, Donald I. McNamara, individually and as Chief of Police of the City of Portland, Oregon, William J. Budrius, Terry Schrunk, individually, as Mayor of the City of Portland, Oregon, and as a member of the Council of the City of Portland, Oregon, Francis Ivancie, Stanley Earl, Mark Grayson and Lloyd Anderson, individually and as Commissioners of the City of Portland, Oregon and members of the Council thereof, and Marian C. Rushing, Individually and as City Attorney of the City of Portland, Oregon, Defendants.

United States District Court, D. Oregon.

November 19, 1970.

Attorney(s) appearing for the Case

Kobin & Meyer, Portland, Or., Stanley Fleishman, Hollywood, Cal., for plaintiffs.

Al J. Laue, Asst. Atty. Gen., Salem Or., for Van Hoomissen, Brown, McNamara and Budrius.

George Van Hoomissen, Dist. Atty., Portland, Or., for Green and Holzman.

Richard A. Braman, Senior Deputy, City Atty., Portland, Or., for Ivancie, Earl, Grayson, Anderson, Rushing and Schrunk.

Before ELY, Circuit Judge, and BELLONI and GOODWIN, District Judges.

OPINION

ALFRED T. GOODWIN, District Judge:

Plaintiff magazine dealers challenge the constitutionality of Oregon's obscenity laws and seek injunctive and other relief under 42 U.S.C. § 1983.

A three-judge court convened under 28 U.S.C. § 2281 and 2284. Jurisdiction is vested under 28 U.S.C. §§ 1343(3), 2201, and 2202, and 42 U.S.C. §§ 1981-1983.

Plaintiffs' wares feature colored photographs of human reproductive...

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