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JULIAN v. CITY OF LAS VEGAS

No. 6592.

493 P.2d 1037 (1972)

Charles JULIAN, dba Book Bar, and Mini Movies, Inc., dba Fun City, Appellants, v. CITY OF LAS VEGAS, Nevada, a municipal corporation, Respondent.

Supreme Court of Nevada.

Rehearing Denied March 15, 1972.

Attorney(s) appearing for the Case

Harry E. Claiborne, Las Vegas, for appellants.

Earl P. Gripentrog, Las Vegas City Atty., and Joan D. Buckley, Deputy City Atty., Las Vegas, for respondent.

OPINION

THOMPSON, Justice:

This appeal is from a final judgment enjoining the sale and distribution of certain mini-movie films, books and pamphlets found by the district court to be hard core pornography and subject to suppression under NRS 201.250(4). We have concluded that the judgment must be set aside since the items were unconstitutionally seized in advance of an adversary hearing on the issue of obscenity...

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