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ELLWEST STEREO THEATRES, INC. v. NICHOLS

No. 73-690-Civ-J-S.

403 F.Supp. 857 (1975)

ELLWEST STEREO THEATRES, INC., a Florida Corporation, Plaintiff, v. Donald G. NICHOLS, as State Attorney for the Fourth Judicial Circuit, in and for the State of Florida, et al., Defendants.

United States District Court, M. D. Florida, Jacksonville Division.

October 22, 1975.

Attorney(s) appearing for the Case

William J. Sheppard, Jacksonville, Fla., for plaintiff.

Robert L. Beals, Asst. Counsel, Jacksonville, Fla., for defendants.

Before SIMPSON, Circuit Judge, and SCOTT and REED, District Judges.

ORDER AND OPINION

PER CURIAM.

In this case, plaintiff Ellwest Stereo Theatres, Inc., challenges the constitutionality of Florida Obscenity Statutes Section 847.011,1 alleging that utilization of this statute in civil and criminal prosecutions abridges rights secured to plaintiff by the First, Fifth and Fourteenth Amendments to the United States Constitution. Plaintiff seeks both injunctive

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