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STATE EX REL. MARTIN v. XLNT CORPORATION

No. KCD 26979.

525 S.W.2d 616 (1975)

STATE of Missouri ex rel. Ralph MARTIN, Prosecuting Attorney in and for Jackson County, Missouri, Respondent, v. XLNT CORPORATION et al., Appellants.

Missouri Court of Appeals, Kansas City District.

July 7, 1975.

Attorney(s) appearing for the Case

Arthur A. Benson, II, Kansas City, Arthur M. Schwartz, Denver, Colo., for appellants.

Ralph L. Martin, Pros. Atty., Robert Frager, Asst. Pros. Atty., Kansas City, for respondent.

Before SWOFFORD, P. J., and WEBORN and HIGGINS, Special Judges.

ANDREW JACKSON HIGGINS, Special Judge.

Appeal from judgment in action by State of Missouri for civil injunction.

On June 29, 1973, the State of Missouri petitioned the Circuit Court of Jackson County for a declaratory judgment of obscenity and injunction alleging that defendant XLNT Corporation d/b/a Old Chelsea Theatre in Kansas City, Jackson County, Missouri, did, on or about June 1, 1973, and daily thereafter, possess a certain motion picture, "It Happened...

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