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AGE OF MAJORITY EDUCATIONAL CORP. v. PRELLER

Nos. 73-1394, 73-1395.

512 F.2d 1241 (1975)

The AGE OF MAJORITY EDUCATIONAL CORPORATION, and Glen Burnie Adult Sex Education Club, by its President, David Wilder, Appellants, v. David PRELLER et al., Appellees. MODERN SOCIAL EDUCATION, INC., and Maryland Adult Sex Education Club, by its President, Richard Kivert, Appellants, v. David PRELLER et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Resubmitted October 10, 1974.

Decided March 4, 1975.

Attorney(s) appearing for the Case

Burton W. Sandler, Towson, Md., for appellants in No. 73-1394.

William E. Seekford, Towson, Md., for appellants in No. 73-1395.

Thomas G. Young, Asst. Atty. Gen. of Md. (Francis B. Burch, Atty. Gen., on brief), for appellees in Nos. 73-1394 and 73-1395.

Before HAYNSWORTH, Chief Judge, BOREMAN, Senior Circuit Judge, and WINTER, CRAVEN, BUTZNER, RUSSELL, FIELD and WIDENER, Circuit Judges, In Banc.

Resubmitted In Banc October 10, 1974.

WINTER, Circuit Judge:

On the authority of Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), the district court dismissed the complaints of two allegedly nonprofit "sex education" clubs, which had instituted suit before they began operations seeking a declaratory decree that various provisions of Article 66A (the Maryland motion picture censorship statute) and Article...

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