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NATIONAL ASS'N OF TH. OWN. OF WIS., INC. v. MOTION PICTURE COM'N OF CITY OF MILWAUKEE

Civ. A. No. 70-C-570.

328 F.Supp. 6 (1971)

NATIONAL ASSOCIATION OF THEATRE OWNERS OF WISCONSIN, INC., et al., Plaintiffs, v. MOTION PICTURE COMMISSION of the CITY OF MILWAUKEE, et al., Defendants.

United States District Court, E. D. Wisconsin.

June 2, 1971.

Attorney(s) appearing for the Case

David E. Beckwith and Walter F. Kelly, Milwaukee, Wis., for plaintiffs.

John J. Fleming, City Atty., by Patrick J. Madden and William J. Lukacevich, Principal Asst. City Attys., and Joseph H. McGinn, Asst. City Atty., Milwaukee, Wis., for defendants.

FINDINGS OF FACT

REYNOLDS, District Judge.

This is an action by most of the motion picture exhibitors in Milwaukee to prohibit the local Motion Picture Commission, operating under a city ordinance, from classifying films and initiating legal proceedings to have some of them declared obscene. The plaintiffs seek a declaratory judgment of the facial constitutionality and an injunction against the operation and enforcement of Ch. 106-9.5(5) of the Milwaukee...

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