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UNITED ARTISTS CORPORATION v. WRIGHT

Civ. A. No. 4208-N.

368 F.Supp. 1034 (1974)

UNITED ARTISTS CORPORATION, a corporation, Plaintiff, v. E. L. WRIGHT, Jr., Individually, and as Chief of Police, City of Montgomery, Alabama, Defendant, James H. Evans, as District Attorney for the Fifteenth Judicial Circuit of the State of Alabama, et al., Defendants-Intervenors.

United States District Court, M. D. Alabama, N. D.

January 5, 1974.

Attorney(s) appearing for the Case

Thomas S. Lawson, Jr., and Champ Lyons, Jr., Capell, Howard, Knabe & Cobbs, Montgomery, Ala., for plaintiff.

J. Douglas Harris, Harris & Harris, Drayton N. Hamilton, and Joseph D. Phelps, Hill, Robison, Belser, Brewer & Phelps, Montgomery, Ala., for defendant.

William P. Haney, Jr., and John D. Cates, Deputy Dist. Attys., Fifteenth Judicial Circuit of Alabama, Montgomery, Ala., for defendant-intervenor James H. Evans; James H. Evans, pro se.

Richard H. Dorrough, Jones, Murray, Stewart & Yarbrough, Montgomery, Ala., for defendants-intervenors Robert L. Dorrough and Ardith C. Dorrough.

Before RIVES, Circuit Judge, and JOHNSON and VARNER, District Judges.

JOHNSON, District Judge:

Plaintiff, United Artists Corporation, brings suit under 42 U.S.C. § 1983 and 28 U.S.C. § 2201, seeking to have Chapter 64C of the Alabama obscenity statute, Ala.Code tit. 14, §§ 374(16j)-374(16o) (Supp.1971), declared unconstitutional on its face and as applied. The constitutionality of a statute of statewide application being brought into question, a three-judge district court was convened pursuant to 28 U.S.C...

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