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MITCHUM v. STATE

No. N-270.

244 So.2d 159 (1971)

Robert MITCHUM, Dave Ballue, Clarence Howard Cantey, a Business Known As the Book Mart, a Certain Portion of Land and Building Located at 19 Harrison Avenue, Panama City, Florida, and All Other Persons Claiming Any Right, Title or Interest in the Property Affected by This Action, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 1, 1971.

Attorney(s) appearing for the Case

Paul Shimek, Jr., Pensacola, for appellants.

Earl Faircloth, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.

SPECTOR, Judge.

This is an interlocutory appeal seeking reversal of an interlocutory order enjoining appellants from selling obscene literature and enjoining appellants from conducting the business of selling obscene literature in violation of Section 847.011, Florida Statutes, F.S.A., and further holding that said conduct by appellants constituted a public nuisance within the purview of Section 823.05, Florida Statutes, F.S.A.

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