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MILLER v. PEOPLE OF STATE OF CALIFORNIA

No. 75-1384.

551 F.2d 1168 (1977)

Marvin MILLER, Plaintiff-Appellant, v. PEOPLE OF the STATE OF CALIFORNIA, James Musick, Sheriff of the County of Orange, Cecil Hicks, District Attorney for the County of Orange, the Municipal Court of the County of Orange, Harbor Judicial District, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied June 6, 1977.

Attorney(s) appearing for the Case

Burton Marks, Los Angeles, Cal., argued, for plaintiff-appellant.

Evelle J. Younger, Atty. Gen., Frederick R. Millar, Deputy Atty. Gen., Los Angeles, Cal., Cecil Hicks, Jr., Dist. Atty., Oretta D. Sears and Cliff Harris, argued, Deputy Dist. Attys., Santa Ana, Cal., for defendants-appellees.

Before CHAMBERS and ELY, Circuit Judges, and SOLOMON, District Judge.

Rehearing and Rehearing En Banc Denied June 6, 1977.

PER CURIAM:

For the background of this obscenity case, one should examine Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973) and Miller v. California, 418 U.S. 915, 94 S.Ct. 3206, 41 L.Ed.2d 1158 (1974) (Miller II).

After Miller II was decided, Miller came to the United States District Court for the Central District...

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