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RIALTO THEATRE COMPANY v. CITY OF WILMINGTON

Nos. 71-1633, 71-1634.

460 F.2d 281 (1972)

RIALTO THEATRE COMPANY, a Delaware corporation, Appellant in No. 71-1633, and Richard F. Lewis, Jr. v. CITY OF WILMINGTON, a Delaware Municipal Corp., et al. Appeal of Richard F. LEWIS, Jr., in No. 71-1634.

United States Court of Appeals, Third Circuit.

Decided May 19, 1972.

Attorney(s) appearing for the Case

William E. Taylor, Jr., Wilmington, Del., for appellants.

Clement C. Wood, First Asst. City Sol., Wilmington, Del., for appellee.

Before VAN DUSEN, GIBBONS and JAMES ROSEN, Circuit Judges.

Submitted under 3rd Cir. Rule 12(6) May 4, 1972.

OPINION OF THE COURT

PER CURIAM:

Appellants seek review of an order of the district court requiring them to furnish to the City Solicitor of the City of Wilmington a copy of certain films needed as evidence in a pending criminal prosecution. The case, which originated as a suit to enjoin prosecution under an ordinance of the City of Wilmington prohibiting exhibition of obscene materials, was before...

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