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GO v. PETERSON

No. 1 CA-CIV 1559.

14 Ariz. App. 12 (1971)

480 P.2d 35

Mariano GO, Joseph Bacon and Robin Saucido, Petitioners, v. The Honorable Howard V. PETERSON, Judge of the Superior Court, Maricopa County, Arizona, Respondent; The CITY OF PHOENIX, a municipal corporation, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department B.

February 1, 1971.

Attorney(s) appearing for the Case

Richard J. Hertzberg, and Richard J. Rubin, Phoenix, for petitioners.

Joe R. Purcell, City Atty., by John A. LaSota, Jr., Asst. City Atty., Phoenix, for real party in interest.

HAIRE, Judge.

This petition for relief by special action calls into question the constitutional and jurisdictional propriety of a combined injunctive and "show cause" procedure instituted by municipal authorities preliminary to a potential obscenity prosecution. The procedure employed was designed to retain an allegedly obscene movie within the jurisdiction and at the same time afford the film's exhibitors the constitutionally required "prior adversary hearing" on...

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