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KRAHM v. GRAHAM

No. 25711.

461 F.2d 703 (1972)

Robert KRAHM et al., Plaintiffs-Appellees, v. Milton GRAHAM, etc., et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 27, 1972.

Attorney(s) appearing for the Case

John A. LaSota, Jr., Asst. City Atty. (argued), Barry Leverent, Asst. City Atty., Joe R. Purcell, Phoenix City Atty., Ralph Majowald, Phoenix, Ariz., for defendants-appellants.

Richard J. Hertzberg, Phoenix, Ariz. (argued), for plaintiffs-appellees.

Before DUNIWAY and TRASK, Circuit Judges, and BYRNE, Sr., District Judge.

DUNIWAY, Circuit Judge:

This is an appeal from the granting of an injunction. The action was brought under 28 U.S.C. §§ 1331 and 1343, and 42 U.S.C. § 1983. The relief sought and granted was an injunction against harrassment of the plaintiffs by prosecutions brought against them in bad faith in the courts of Phoenix, Arizona under that state's anti-obscenity law, Ariz.Rev.Stat. § 13-532. We affirm in part and reverse in part.

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