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LITERATURE, INC. v. QUINN

No. 73-1074.

482 F.2d 372 (1973)

LITERATURE, INC., et al., Plaintiffs-Appellants, v. Robert H. QUINN et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided July 26, 1973.

Attorney(s) appearing for the Case

Mitchell Benjoya, Boston, Mass., with whom Zisson & Benjoya, Boston, Mass., and Dennis J. LaCroix were on brief, for appellants.

Lawrence J. Ball, Asst. Corp. Counsel, Boston, Mass., with whom Nicholas Foundas, Asst. Corp. Counsel, Robert H. Quinn, Atty. Gen., Charles E. Chase, Asst. Atty. Gen., Garrett H. Byrne, Suffolk County Dist. Atty., and Louis M. Nordlinger, Asst. Dist. Atty., Boston, Mass., were on brief for appellees.

Before COFFIN, Chief Judge, and ALDRICH and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

On February 1, 1973, appellants, the owner and employees of two bookstores in Boston, brought this suit seeking to enjoin enforcement of c. 272, § 28A, Mass.Gen.Laws (making criminal the possession with intent to sell and sale of obscene material), including the criminal proceedings against appellants presently pending trial de novo in the Suffolk County Superior Court for violations of that statute arising out of a series of arrests...

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