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ADVOCATES FOR ARTS v. THOMSON

No. 75-1346.

532 F.2d 792 (1976)

ADVOCATES FOR the ARTS et al., Plaintiffs-Appellants, v. Meldrim THOMSON, Jr., etc., et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided March 31, 1976.

Attorney(s) appearing for the Case

Howard B. Myers with whom Ingram & Myers, Concord, N.H., Howard M. Squadron, Harvey Horowitz and Squadron, Gartenberg, Ellenoff & Present, New York City, were on brief, for plaintiffs-appellants.

Edward A. Haffer, Asst. Atty. Gen., Concord, N.H., with whom Warren B. Rudman, Atty. Gen., Concord, N.H., was on brief, for defendants-appellees.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

The question in this case is whether the first amendment permits the Governor and Council of New Hampshire to refuse a grant-in-aid to a literary magazine because they regard a poem appearing in a past issue of the magazine as an "item of filth." The district court, treating the defendants' motion to dismiss as a motion for summary judgment under Fed.R.Civ.P. 12(b) and 56, found no first amendment violation. 397...

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