STATE EX REL. FACHES v. N. D. D., INC.

No. 2-56828.

228 N.W.2d 191 (1975)

STATE of Iowa ex rel. William G. FACHES, Linn County Attorney, Appellee, v. N.D.D., INC., d/b/a Marion Adult Theatres, and Richard Haes, Appellants.

Supreme Court of Iowa.

April 16, 1975.


Attorney(s) appearing for the Case

C. A. Frerichs and Melvin H. Wolf, Waterloo, for appellants.

William G. Faches, County Atty., and Thomas Horan, Asst. County Atty., for appellee.

Heard before MOORE, C. J., and RAWLINGS, UHLENHOPP, REYNOLDSON and HARRIS, JJ.


HARRIS, Justice.

Defendants appeal from the issuance of both temporary and permanent injunctions restraining them from showing certain movies. We reverse the trial court.

Defendants operate a theatre in Marion which shows movies of a type which have come to be called "adult." Films were seized and offered into evidence which depicted acts of sexual intercourse and acts of various aberrant sexual behavior.

The exterior of the theatre exhibited no indications...

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