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GIARRUSSO v. EXCALIBER BOOKS, INC.

No. 6205.

295 So.2d 5 (1974)

Clarence B. GIARRUSSO v. EXCALIBER BOOKS, INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

May 17, 1974.

Attorney(s) appearing for the Case

Blake G. Arata, City Atty., Joel P. Loeffelholz, Charles C. Foti, Jr., New Orleans, for plaintiff-appellee.

Michael Silvers, New Orleans, for defendants-appellants.

Dodd, Hirsch, Barker, Meunier, Boudreaux & Lamy, C. Paul Barker, New Orleans, for defendants-appellees.

Before REDMANN, SCHOTT and MORIAL, JJ.

MORIAL, Judge.

This cause was tried in the district court on a petition for injunction under the Abatement of Public Nuisances Act. LSA-R.S. 13:4711-13:4717. After trial on July 13, 1973, judgment was entered for the plaintiff on the single ground of the existence of obscenity as defined in LSA-R.S. 14:106 on the premises of defendant.

On December 13, 1973, the Supreme Court in Gulf States Theaters of Louisiana, Inc. et al. v. Richardson, La.,

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