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SMYL, INC. v. GERSTEIN

No. 73-1112-Civ-JLK.

364 F.Supp. 1302 (1973)

SMYL, INC., et al., Plaintiffs, v. Richard GERSTEIN, in his offiical capacity as State Attorney for the 11th Judicial Circuit in and for Dade County, Florida, et al., Defendants, Jointly and Severally, also serve in their Statutory Capacity only under Title 28, U.S.C.A., Section 2284(2) and not as Defendants, His Excellency, Reubin Askew, Governor of the State of Florida, State Capitol Building, Tallahassee, Florida; and The Honorable Robert Shevin, Attorney General of the State of Florida, State Capitol Building, Tallahassee, Florida.

United States District Court, S. D. Florida, Miami Division,

September 14, 1973.

Attorney(s) appearing for the Case

Paul F. Gerson, Miami Beach, Fla., for plaintiff.

Fowler, White, Humkey, Burnett, Hurley & Banick, Miami, Fla., for defendants.

JAMES LAWRENCE KING, District Judge.

The plaintiffs, "adult" bookstore owners and employees, have instituted the present action under 42 U.S.C. § 1983 against certain state judges, prosecutors, and law enforcement officials. The bookstore owners and employees challenge the validity of the newly enacted Florida obscenity law, Fla.Stat.Ann. Ch. 73-1201 (Supp. No. 4, 1973), and the Dade County obscenity ordinances, Dade County Metro...

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