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HAMAR THEATRES, INC. v. CRYAN

Civ. A. Nos. 472-73, 496-73, 585-73.

390 F.Supp. 510 (1975)

HAMAR THEATRES, INC., Plaintiff, v. John CRYAN, Individually and as Sheriff of Essex County, State of New Jersey, et al., Defendants. C & V THEATRE CORPORATION, and Edward N. Wilson, Jr., Plaintiff, v. James M. COLEMAN, Jr., Individually and as Monmouth County Prosecutor of Monmouth County, State of New Jersey, et al., Defendants. Howard A. WEIN and Philip J. Guarino, Plaintiffs, v. TOWN OF IRVINGTON et al., Defendants.

United States District Court, D. New Jersey.

Order November 13, 1974.

Judgment vacated December 23, 1974.

Supplemental Opinion February 25, 1975.

Attorney(s) appearing for the Case

Podvey & Sachs, Newark, N. J., for plaintiff, Hamar Theatres, Inc.

Michael S. Sodowick, Newark, N. J., for plaintiffs C & V Theatre Corp., and others.

Stern & Weiss, Maplewood, N. J., for plaintiffs, Howard A. Wein, and others.

George F. Kugler, Atty. Gen. of N. J., by David S. Baime, Deputy Atty. Gen., for the state of N. J.

Joseph P. Lordi, Essex County Prosecutor, by Ralph J. Jabbour, Asst. Prosecutor, for John Cryan and others.

James M. Coleman, Monmouth County Prosecutor, by Allen Mac Duffie, Jr., Asst. Prosecutor, for James M. Coleman, Jr., and others.

Daniel A. Rosenberg, Legal Asst. Prosecutor, Irvington, N. J., for Town of Irvington and others.

Before ADAMS and GARTH, Circuit Judges, and BARLOW, District Judge.

Judgment vacated December 23, 1974. See 95 S.Ct. 670.

PER CURIAM.

On August 8, 1973, a Three-Judge Court (constituted pursuant to 28 U.S. C.A. § 2284) entered a final judgment declaring the Adult Anti-Obscenity Act (N.J.S. 2A:115-1.1) (Supp.1973) unconstitutional. The judgment enjoined the appellants, their agents and "all persons . . . subject to their supervision" from "instituting or prosecuting any criminal or civil action" under the New

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