RIALTO THEATRE COMPANY v. CITY OF WILMINGTON

Nos. 18914, 18915, 19117 and 19118.

440 F.2d 1326 (1971)

RIALTO THEATRE COMPANY, a Delaware corporation, Appellant in 18,914 and 19,117 and Richard F. Lewis, Jr. v. CITY OF WILMINGTON, a Delaware Municipal Corp., Harry G. Haskell, Jr., Mayor of the City of Wilmington, William J. O'Rourke, Safety Commissioner of the City of Wilmington and John T. McCool, Chief of Police of the City of Wilmington. Appeal of Richard F. LEWIS, Jr., in 18,915 and 19,118.

United States Court of Appeals, Third Circuit.

Decided April 19, 1971.


Attorney(s) appearing for the Case

William E. Taylor, Jr., Taylor & Lindh, Paul & Abramo, Wilmington, Del., for appellants.

Clement C. Wood, First Asst. City Sol., Wilmington, Del., for appellees.

Before HASTIE, Chief Judge, and ADAMS and GIBBONS, Circuit Judges.


OPINION OF THE COURT

PER CURIAM:

In March, 1970, several officers of the Wilmington Police Department viewed certain films being exhibited at the Rialto Theatre in Wilmington, Delaware. Shortly thereafter, pursuant to a search warrant and an arrest warrant, the Wilmington Police seized the films in question and arrested appellant Lewis for violations of the Wilmington Obscenity Ordinance.

In order to vindicate the federal rights allegedly violated...

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