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CUSHING v. DOCKING

Civ. A. No. T-5267.

360 F.Supp. 578 (1973)

Richard Lee CUSHING et al., Plaintiffs, v. Robert B. DOCKING, in his official capacity as Governor of the State of Kansas, et al., Defendants.

United States District Court, D. Kansas.

July 9, 1973.

Attorney(s) appearing for the Case

Robert D. Hecht, William E. Enright, Topeka, Kan., for plaintiffs.

Vern Miller, Atty. Gen., Curt Schneider, Asst. Atty. Gen., Topeka, Kan., for defendants Robert Docking & Vern Miller.

Gene M. Olander, Dist. Atty., Shawnee County, Kan., Lawrence P. Ireland, Asst. Dist. Atty., Topeka, Kan., for Gene M. Olander, Dist. Atty. and F. T. Jim Chaffee, Sheriff, Shawnee County, defendant.

Dan Turner, City Atty., Robert Huffman, Asst. City Atty., for Dana Hummer, Chief of Police, Topeka, Kan., defendant.

Before HILL, Circuit Judge, and TEMPLAR and THEIS, District Judges.

PER CURIAM OPINION AND ORDER

PER CURIAM.

Plaintiffs are, or were, employees of a Topeka bookstore and theatre which specialized in "Adult" entertainment. Early in 1973, plaintiffs were arrested numerous times for promoting obscenity in violation of K.S.A. § 21-4301 (Supp. 1972). On January 10, 1973, they filed this complaint stating the defendants' enforcement of the state statute was depriving them of rights secured by the United States Constitution...

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