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PEOPLE EX REL. CAREY v. ROUTE 53 DRIVE-IN

No. 63082.

45 Ill. App.3d 81 (1976)

358 N.E.2d 1298

THE PEOPLE ex rel. BERNARD CAREY, State's Attorney of Cook County, Plaintiff-Appellee, v. ROUTE 53 DRIVE-IN et al., Defendants-Appellants.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed December 30, 1976.

Attorney(s) appearing for the Case

Patrick A. Tuite and Alfred B. Teton, both of Chicago, for appellants.

Bernard Carey, State's Attorney, of Chicago, pro se (Paul P. Biebel, Jr., and John A. Dienner, III, Assistant State's Attorneys, of counsel), for appellee.

Order reversed.

Mr. JUSTICE MEJDA delivered the opinion of the court:

Defendants, Route 53 Drive-In, Jeff Kohlberg Enterprise, Kohlberg Theaters, Inc., Jeffrey M. Kohlberg, and Stanford S. Kohlberg, appeal from the entry of a preliminary injunction enjoining them from exhibiting as a public nuisance motion pictures which contain certain sexual scenes viewable from nearby highways and residences. On appeal defendants contend that the evidence was insufficient...

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