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PALAIO v. McAULIFFE

No. 71-2625.

466 F.2d 1230 (1972)

Samuel PALAIO and Walter Adams, Plaintiffs-Appellants, v. Hinson McAULIFFE et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing December 11, 1972.

Attorney(s) appearing for the Case

Frierson M. Graves, Jr., Memphis, Tenn., for plaintiffs-appellants; Heiskell, Donelson, Adams, Williams & Wall, Memphis, Tenn., of counsel.

Tony H. Hight, Asst. Dist. Atty., Atlanta, Ga., Thomas E. Moran, Sandy Springs, Ga., W. Baer Endictor, Atlanta, Ga., Thomas R. Moran, Sandy Springs, Ga., for defendants-appellees; Moran & Moran, Sandy Springs, Ga., of counsel.

Before BELL, THORNBERRY and INGRAHAM, Circuit Judges.

THORNBERRY, Circuit Judge:

Appellants Palaio and Adams filed suit in the court below seeking declaratory and injunctive relief against appellees' efforts in a Georgia state court to have certain motion pictures declared obscene and subject to seizure. The court below held that federal intervention in these state court proceedings was improper and accordingly dismissed the suit. We agree with the district court that federal...

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