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SANDERS v. McAULIFFE

Civ. A. No. 18913.

364 F.Supp. 654 (1973)

Arthur R. SANDERS and S. S. W. Corp., d/b/a Gay Paree Cinema Theatre, a Georgia corporation, v. Hinson McAULIFFE, Individually and as Solicitor General, Criminal Court of Fulton County and Lewis R. Slaton, Individually and in his official capacity as District Attorney, Fulton County, Georgia.

United States District Court, N. D. Georgia, Atlanta Division.

October 3, 1973.

Attorney(s) appearing for the Case

Glenn Zell, John R. Myer and Elizabeth R. Rindskopf, Atlanta, Ga., Tobias Simon and Elizabeth Du Fresne, Miami, Fla., for plaintiffs.

Thomas R. Moran and Thomas E. Moran, Carter Goode and Morris H. Rosenberg, Atlanta, Ga., for defendants.

ORDER

EDENFIELD, District Judge.

The only issue in this case which would, under Younger v. Harris,1 require or even permit interference by this court in the pending state proceedings in this controversy is a very narrow one: It is confined to that part of the state trial court's order which enjoined further exhibition of the movie "Deep Throat" solely on the basis of a preliminary or interlocutory finding of obscenity but before...

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