HAMAR THEATRES, INC. v. CRYAN

Civ. A. Nos. 472-73, 496-73 and 585-73.

365 F.Supp. 1312 (1973)

HAMAR THEATRES, INC., Plaintiff, v. John CRYAN, Individually and as Sheriff of Essex County, State of New Jersey, et al., Defendants. C & V THEATRE CORPORATION, and Edward N. Wilson, Jr., Plaintiff, v. James M. COLEMAN, Jr., Individually and as County Prosecutor of Monmouth County, State of New Jersey, et al., Defendants. Howard A. WEIN and Philip J. Guarino, Plaintiffs, v. TOWN OF IRVINGTON et al., Defendants.

United States District Court, D. New Jersey, Civil Division.

July 26, 1973.


Attorney(s) appearing for the Case

Podvey & Sachs by Robert L. Podvey, Newark, N. J., for plaintiff, Hamar Theatres, Inc.

Michael S. Sodowick, Charles V. Litt, Newark, N. J., for plaintiffs, C & V Theatre Corp. and Edward N. Wilson, Jr.

Stern & Weiss by Harvey L. Weiss, Maplewood, N. J., for plaintiffs, Howard A. Wein and Philip J. Guarino.

David S. Baime, Deputy Atty. Gen., State of New Jersey, Div. of Crim. Justice, East Orange, N. J., for defendant, Attorney General of New Jersey, George F. Kugler.

Ralph J. Jabbour, Asst. Prosecutor, Newark, N. J., for defendant, Joseph P. Lordi, Essex County Prosecutor.

Allen MacDuffie, Jr., County Prosecutor, Freehold, N. J., for defendant, James M. Coleman, Monmouth County Prosecutor.

Daniel A. Rosenberg, Legal Asst. Prosecutor, Irvington, N. J., for defendants, Town of Irvington and others.

Before ADAMS, Circuit Judge, and BARLOW and GARTH, District Judges.


GARTH, District Judge:

This action was commenced by the filing of three separate complaints in April of 1973,1 all of which challenged the constitutionality of the New Jersey anti-obscenity statute, N.J.S. 2A:115-1 et seq. as well as procedures followed in each action by state, county or municipal authorities in seizing films or publications thought to be obscene. Jurisdiction was based on 42 U.S.C. § 1983 and 28 U.S.C. § 1343...

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