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MOD AMUSEMENT CO. v. MURPHY

Nos. 72 Civ. 1(MP), 72 Civ. 24.

335 F.Supp. 1267 (1972)

MOD AMUSEMENT CO., 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. CIRCUS CINEMA CORP., 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.

January 7, 1972.

Attorney(s) appearing for the Case

Jay Goldberg, New York City, for Mod Amusement Co.

J. Lee Rankin, Corporation Counsel, City of New York, New York City, for Patrick Murphy, Commissioner, by Michael Klein, New York City, of counsel.

Frank S. Hogan, Dist. Atty. of New York County, New York City, by Hugh A. Levine, Asst. Dist. Atty., of counsel.

Kassner & Detsky, New York City, for Circus Cinema Corp.

DECISION AND OPINION

POLLACK, District Judge.

Plaintiffs, Mod Amusement Co., Inc. ("Mod") and Circus Cinema Corp. ("Circus"), by motions for preliminary injunction which were heard together for convenience and efficiency, seek the return of motion picture films which were taken from their theatres by members of the New York City Police Department, pursuant to search warrants issued by a Judge of the New York City Criminal Court who had viewed the motion...

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