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HARTSVILLE THEATRES, INC. v. FOX

Civ. A. No. 70-245.

324 F.Supp. 258 (1971)

HARTSVILLE THEATRES, INC., a South Carolina Corporation, Jerry Ballard, and Willie J. Harley, Plaintiffs, v. C. Lavaun FOX, Paul D. Grant and John Doe, Defendants.

United States District Court, D. South Carolina, Aiken Division.

Decided February 23, 1971.

Attorney(s) appearing for the Case

George S. Daley, Jr., Charlotte, N. C., and Jack McGuinn, Columbia, S. C., for plaintiffs.

Daniel R. McLeod, Atty. Gen., and John P. Wilson, Asst. Atty. Gen., Columbia, S. C., for defendants.

Before HAYNSWORTH, Chief Judge, and SIMONS and RUSSELL, District Judges.

DONALD RUSSELL, District Judge:

Claiming a violation of their First Amendment rights as a result of certain proceedings begun under Section 16-414.2, Code of South Carolina (1962), plaintiffs seek both injunctive and declaratory relief. We dismiss.

The facts giving rise to this controversy are not in dispute. On March 13, 1970, the plaintiffs exhibited commercially at a theatre in Aiken, South Carolina, the film "Cherry, Harry and Raquel". The defendants,...

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