AIRWAYS THEATER, INC. v. CANALE

Civ. No. C-73-262.

366 F.Supp. 343 (1973)

AIRWAYS THEATER, INC. and Southland Theatres, Inc., Plaintiffs, v. Phil M. CANALE, District Attorney General, et al., Defendants.

United States District Court, W. D. Tennessee, W. D.

November 19, 1973.


Attorney(s) appearing for the Case

David E. Caywood, Michael F. Pleasants, Memphis, Tenn., for plaintiffs.

James H. Allen, Asst. Dist. Atty. Gen., Memphis, Tenn., for defendant Canale.

C. Hayes Cooney, Asst. Atty. Gen., Nashville, Tenn., for defendants Pack and Dunn.

Before LIVELY, Circuit Judge, BROWN, Chief District Judge, and McRAE, District Judge.


PER CURIAM.

Plaintiffs Airways Theater, Inc. and Southland Theatres, Inc., operators of "adult" motion picture theaters in Memphis, Tennessee, challenge the constitutionality of Tennessee's obscenity statute, T.C.A. § 39-3003 through 39-3008, and Tennessee's nuisance statute, T.C.A. § 23-301 et seq. Plaintiffs seek both declaratory and injunctive relief. Jurisdiction is based on 28 U.S.C. § 1343(3) and (4) and 28 U.S.C. § 2201. Since plaintiffs...

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