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JOHNSON v. CITY OF ROCHESTER

No. 43207.

197 N.W.2d 244 (1972)

Darrel JOHNSON, Respondent, v. CITY OF ROCHESTER, et al., Defendants, City of Rochester, Appellant.

Supreme Court of Minnesota.

April 28, 1972.

Attorney(s) appearing for the Case

Gerald H. Swanson, City Atty., Richard H. Bins, Asst. City Atty., Rochester, for appellant.

Robert J. Milavetz, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and MURPHY, OTIS, ROGOSHESKE, and HACHEY, JJ.

OTIS, Justice.

This is an appeal by the city of Rochester under Minn.St. 632.11, subd. 1(3), from an order of the district court, authorized by § 626.21, requiring the city to return to plaintiff-respondent, Darrel Johnson, coin-operated machines and films seized by the city on the grounds the films were obscene. The only issue is whether the search warrants under which the machines and films were seized were valid under the First Amendment without a prior adversary...

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