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CITY OF DULUTH v. WENDLING

Nos. 45746 and 45770.

237 N.W.2d 79 (1975)

CITY OF DULUTH, Appellant, v. Leroy WENDLING, Respondent.

Supreme Court of Minnesota.

December 19, 1975.

Attorney(s) appearing for the Case

William P. Dinan, City Atty., C. Douglas Norberg, Asst. City Atty., Duluth, for appellant.

Crowley & Houge and Benjamin S. Houge, Minneapolis, for respondent.

Randall D. B. Tigue, Minneapolis, for Minn. Civil Liberties Union, amicus curiae, seeking affirmance.

Considered and decided by the court without oral argument.

PER CURIAM.

This is an appeal by the city of Duluth from an order of St. Louis County District Court granting a motion by defendant made pursuant to Minn.St. 626.21 for the return of a motion picture film which the city seized by authority of a warrant for use in criminal obscenity proceedings against defendant. The city contends that the district court erred when it concluded that a magistrate may not issue a warrant for the seizure of the only copy of an allegedly...

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