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CITY OF OMAHA v. AMERICAN THEATER CORPORATION

No. 38470.

203 N.W.2d 155 (1973)

189 Neb. 441

CITY OF OMAHA, a municipal corporation, Appellee, v. AMERICAN THEATER CORPORATION, a corporation, d/b/a "Pussy Cat Theater" and Richard Berry, Appellants.

Supreme Court of Nebraska.

January 5, 1973.

Attorney(s) appearing for the Case

Stern, Harris, Feldman, Becker & Thompson, Omaha, D. Freeman Hutton, Atlanta, Ga., Robert Eugene Smith, Towson, Md., for appellants.

Herbert M. Fitle, City Atty., Gary P. Bucchino, City Pros., Richard Dunning, Asst. City Pros., Omaha, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON and CLINTON, JJ.

SMITH, Justice.

The City of Omaha petitioned for a declaratory judgment and injunction against defendants exhibiting obscene motion pictures to the public for a price. After a trial the district court found generally against defendants, declaring certain films obscene and ordering the injunction. It also sentenced defendant Richard Berry to 60 days in jail for contempt of court on the ground that Berry had disobeyed a subpoena duces tecum.

On appeal defendants...

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