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DETCO, INC. v. McCANN

No. 72-C-121.

380 F.Supp. 1366 (1974)

DETCO, INC., a Wisconsin corporation, Plaintiff, v. E. Michael McCANN, Individually and as District Attorney for Milwaukee County, Wisconsin, et al., Defendants.

United States District Court, E. D. Wisconsin.

June 13, 1974.

Attorney(s) appearing for the Case

Shellow & Shellow, by James A. Walrath, Milwaukee, Wis., for plaintiff.

Francis J. Slattery, Milwaukee, Wis., for defendants.

Before FAIRCHILD, Circuit Judge, and REYNOLDS and GORDON, District Judges.

DECISION AND ORDER

MYRON, L. GORDON, District Judge.

This is an action brought by the plaintiff, Detco, Inc., pursuant to 28 U. S.C. §§ 1331, 1343, 2201 and 42 U.S.C. §§ 1983 and 1985, challenging the constitutional validity of the Wisconsin obscenity statute, § 944.21, Wis.Stats. Both declaratory and injunctive relief are sought.

Detco owns and operates the Parkway Theatre, which is located in Milwaukee. The defendant, E...

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