McCRIGHT v. OLSON

Civ. No. 4849.

367 F.Supp. 937 (1973)

Jerry McCRIGHT, Operator and Manager of Adult Book Store, and International Amusements, Ltd., A Delaware Corporation, Plaintiffs, v. Allen I. OLSON, in His Official Capacity as Attorney General for the State of North Dakota, and John O. Garaas, in His Official Capacity as County Attorney for the County of Cass, North Dakota, Defendants.

United States District Court, D. North Dakota, Southeastern Division.

December 17, 1973.


Attorney(s) appearing for the Case

Lyle Huseby, Huseby & Backes, Ltd., Fargo, N. D., Donald M. Reno, Jr., Reno, O'Byrne & Kepley, Champaign, Ill., for plaintiffs.

Robert P. Brady, Asst. Atty. Gen., Bismarck, N. D., John O. Garaas, State's Atty., of Cass County, Fargo, N. D., for defendants.

Before ROSS, Circuit Judge, BENSON, Chief District Judge, and DAVIES, Senior District Judge.


MEMORANDUM OF DECISION

BENSON, Chief District Judge.

This is an action brought by Plaintiffs pursuant to 28 U.S.C. §§ 1331(a), 1343(3), (4), 2201, 2202, 2281, 2284, and 42 U.S.C. § 1983, challenging the Constitutional validity of the State of North Dakota obscenity statutes, and certain licensing statutes relating to the licensing of coin operated motion picture machines (amusement devices). Defendant Allen I. Olson, as Attorney General for...

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