SPEIGHT v. SLATON

Civ. A. No. 17075.

356 F.Supp. 1101 (1973)

Alvis G. SPEIGHT, t/a Harem Book Store, and James L. Chandler, Plaintiffs, v. Lewis R. SLATON, In his Capacity as District Attorney, Atlanta Judicial Circuit, and Hinson McAuliffe, In his Capacity as Solicitor, Criminal Court of Fulton County, Defendants.

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

February 22, 1973.


Attorney(s) appearing for the Case

D. Freeman Hutton, Gilbert H. Deitch, Atlanta, Ga., Robert E. Smith, Baltimore, Md., for plaintiffs.

Joel Feldman, Asst. Dist. Atty., Atlanta, Ga., for defendants.

Before MORGAN, Circuit Judge, and MOYE and O'KELLEY, District Judges.


MOYE, District Judge:

OPINION AND ORDER

Plaintiffs operate an establishment in Atlanta, Georgia, known as the Harem Bookstore. On August 23, 1972, pursuant to recently enacted Georgia statutes relating to obscenity,1 the defendants herein brought a civil suit in the Georgia state courts to abate the Harem Bookstore as a public nuisance.2 On the same day the state court ordered plaintiffs herein to...

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