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EASTIN v. CITY OF NEW ORLEANS

No. 72-3350 Summary Calendar.

475 F.2d 191 (1973)

Kenneth EASTIN et al., Plaintiffs-Appellants, v. CITY OF NEW ORLEANS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 8, 1973.

Attorney(s) appearing for the Case

Kenneth J. Berke, New Orleans, La., for plaintiffs-appellants.

Byron P. Legendre, Asst. Dist. Atty., Charles Foti, Jr., New Orleans, La., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

PER CURIAM:

After viewing a film entitled "Deep Throat" an officer of the New Orleans Police Department made a detailed affidavit for a search warrant of the motion picture house for the purpose of seizing and confiscating the film prints as being obscene. A judge of the municipal court issued the warrant without holding a prior adversary hearing. Not only were prints of the film taken but check stubs, personnel records, and an address book were also seized. Two employees...

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