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MARKS v. CITY OF NEWPORT, KENTUCKY

No. 1643.

344 F.Supp. 675 (1972)

Stanley H. MARKS, d. b. a. The Cinema X Theatre, and d. b. a. The Monmouth Street Novelty and Book Store, 721 Vine Street, Cincinnati, Ohio 45202, Plaintiff, v. The CITY OF NEWPORT, KENTUCKY et al., Defendants.

United States District Court, E. D. Kentucky, Covington Division.

July 3, 1972.

Attorney(s) appearing for the Case

Andrew B. Dennison, Cincinnati, Ohio, Richard R. Slukich, Covington, Ky., Charles J. Schear, Newport, Ky., for plaintiff.

Lawrence Riedinger, Jr., William J. Wise, Newport, Ky., for defendants.

MEMORANDUM

SWINFORD, District Judge.

The plaintiff, a book store and theatre operator in Newport, Kentucky, has attacked the constitutionality of Newport City Ordinances which seek to control the dissemination of pornography through licensing and bond requirements. The record is before the court on the plaintiff's application for injunctive relief. Before reaching the merits of the case it is necessary to determine whether the court would be precluded from...

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