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SOCIETY TO OPPOSE PORNOGRAPHY, INC. v. THEVIS

No. 5048.

255 So.2d 876 (1971)

SOCIETY TO OPPOSE PORNOGRAPHY, INC. v. Michael THEVIS, Robert Di Bernardo et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 3, 1972.

Writ Refused February 11, 1972.

Attorney(s) appearing for the Case

Michael Silvers, New Orleans, for relator.

Donald DeBoisblanc, New Orleans, for respondents.

Before SAMUEL, REDMANN and LEMMON, JJ.

REDMANN, Judge.

Relators, the owners and the lesseeoperator of a motion picture theater, in this proceeding under LSA-R.S. 13:4711-4717, were adjudged to be maintaining a public nuisance of obscenity, the theater was ordered padlocked for a year, and relators were perpetually enjoined from "carrying on or permitting the practice of obscenity." Motion for suspensive appeal was denied.

Because R.S. 13:4712, the key section, had been declared unconstitutional...

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