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U.S. MANUFACTURING & DIST. CORP. v. CITY OF GREAT FALLS

No. 13188.

546 P.2d 522 (1976)

U.S. MANUFACTURING AND DISTRIBUTING CORPORATION, Plaintiff and Appellant, v. CITY OF GREAT FALLS, Defendant and Respondent.

Supreme Court of Montana.

Decided February 25, 1976.

Attorney(s) appearing for the Case

E.F. Gianotti argued and Ralph T. Randono argued, Great Falls, for appellant.

Larsen & Gliko, David V. Gliko, argued, Great Falls, for respondent.

CASTLES, Justice.

The district court of the eighth judicial district, Cascade County, has declared a portion of Montana's recently amended obscenity law, sections 94-8-110 and 94-8-110.1, R.C.M. 1947, to be constitutionally infirm. In this appeal from that declaratory judgment we reverse the determination of the district court and uphold the obscenity law enacted by the Forty-fourth Legislature.

The constitutional issue here arose from a somewhat complicated...

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