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STATE EX REL. GERSTEIN v. WALVICK THEATRE CORP.

No. 44776.

298 So.2d 406 (1974)

STATE of Florida ex rel. Richard E. GERSTEIN, As State Attorney for the Eleventh Judicial Circuit of the State of Florida, Appellant, v. WALVICK THEATRE CORPORATION, d/b/a King Theatre and/or King Cinema Theatre, and a Motion Picture Entitled "the Devil in Miss Jones," Appellees.

Supreme Court of Florida.

Rehearing Denied June 14, 1974.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., and Leonard Rivkind, Miami Beach, for appellant.

Joel Hirschhorn, Miami, for appellees.

DEKLE, Justice.

Jurisdiction on this direct appeal from the circuit court is provided in Art. V, § 3(b)(1), Fla. Const., F.S.A., the trial court having expressly held F.S. § 847.011, F.S.A., unconstitutional.

The factual situation present here is set out in chronological order:

Sept. 8, 1973: Defendant corporation exhibited the motion picture entitled, "The Devil in Miss Jones." Sept. 11, 1973: Theatre and one of its employees...

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