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VALI BOOKS, INC. v. MURPHY

No. 72 Civ. 974.

343 F.Supp. 841 (1972)

VALI BOOKS, INC., Plaintiff, v. Patrick MURPHY, Commissioner of the Police Department of the City of New York, and Frank S. Hogan, District Attorney of New York County, Defendants.

United States District Court, S. D. New York.

May 19, 1972.

Attorney(s) appearing for the Case

Jay Goldberg, New York City, for plaintiff.

J. Lee Rankin, Corp. Counsel, New York City, for defendant Murphy; Michael M. Klein, Asst. Corp. Counsel, of counsel.

Frank S. Hogan, Dist. Atty., New York County, for defendant Hogan; Barry M. Fallick, Asst. Dist. Atty., of counsel.

METZNER, District Judge:

Plaintiff seeks a preliminary injunction ordering the defendants to return various reels of movie film seized on the plaintiff's premises and restraining the defendants from any future seizures without a preliminary adversary hearing on the issue of obscenity. Jurisdiction is predicated on 42 U.S.C. § 1983 and 28 U.S.C. § 1343.

As will be later detailed, film was seized on four different occasions by New York City police...

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