GREENMOUNT SALES, INC. v. DAVILA

No. 72-2073.

479 F.2d 591 (1973)

GREENMOUNT SALES, INC., a Va. Corp. t/a Variety Book Store and Harlee Little, Appellees, v. J. R. DAVILA, Jr., Commonwealth's Attorney for the City of Richmond, Va. and Frank S. Duling, Chief of Police for the City of Richmond, Va., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 23, 1973.


Attorney(s) appearing for the Case

Andrew P. Miller, Atty. Gen., James E. Kulp, Asst. Atty. Gen., and Daniel T. Balfour, Asst. City Atty., on brief for appellants.

R. R. Ryder and Ryder & Nance, Richmond, Va., on brief for appellees.

Before CRAVEN, BUTZNER and RUSSELL, Circuit Judges.


CRAVEN, Circuit Judge:

Upon the complaint of the manager and corporate owner of an "adult" bookstore, the district court, 344 F.Supp. 860, enjoined officers of the City of Richmond (1) from seizing books and films without a prior adversary hearing on the issue of obscenity, and (2) to surrender books and films already seized provided the bookstore would make a copy of each available for criminal prosecution purposes.

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