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PENTHOUSE INTERNATIONAL, LTD. v. PUTKA

Civ. A. No. C77-779.

436 F.Supp. 1220 (1977)

PENTHOUSE INTERNATIONAL LTD., Plaintiff, v. Andrew C. PUTKA, Director, et al., Defendants.

United States District Court, N. D. Ohio, E. D.

August 23, 1977.

Attorney(s) appearing for the Case

Clarence D. Rogers, Jr., Rogers, Horton & Forbes, Cleveland, Ohio, Niki Z. Schwartz, Gold, ROTATORI, Messerman & Schwartz, Cleveland, Ohio, Roy Grutman, Eaton, Van Winkle, Greenspoon & Grutman, New York City, for Penthouse Intern. Ltd.

Howard H. Fishkin, Asst. Law Director, Cleveland, Ohio, for Andrew C. Putka, Director, Ralph J. Perk, Mayor, and the City of Cleveland.

Morlee A. Rothchild, Michael H. Diamant, Kahn, Kleinman, Yanowitz & Arnson, Cleveland, Ohio, for Aero Cleveland, Inc.

MEMORANDUM AND ORDER

KRUPANSKY, District Judge.

On July 20, 1977 the Court granted plaintiff's Motion for a Temporary Restraining Order which enjoined the City of Cleveland, its Mayor and officers from invoking paragraph 6.11 of the Concession Agreement between the City of Cleveland and Aero Cleveland, Inc. so as to restrict or limit the sale and distribution of Penthouse magazine at newsstands and concession facilities at the Cleveland Hopkins International...

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