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BLACK JACK DISTRIBUTORS, INC. v. BEAME

No. 77 Civ. 2570 (JMC).

433 F.Supp. 1297 (1977)

BLACK JACK DISTRIBUTORS, INC., Queen Paper Back Corp., and G & M Bookstore, Inc., Plaintiffs, v. Abraham BEAME, Individually and as Mayor of the City of New York, Sidney Baumgarten, Individually and as Assistant to the Mayor of the City of New York, Michael Codd, Individually and as Police Commissioner of the City of New York, Jeremiah T. Walsh, Individually and as Commissioner of Buildings of the City of New York, Cornelius F. Dennis, Individually and as Borough Superintendent of the Department of Buildings of the City of New York, John T. O'Hagan, Individually and as Fire Commissioner of the City of New York, Donald Gray, and W. X. Fincke, Defendants.

United States District Court, S. D. New York.

June 22, 1977.

Attorney(s) appearing for the Case

Kassner & Detsky, P. C., New York City (Herbert S. Kassner, New York City, of counsel), for plaintiffs.

W. Bernard Richland, Corp. Counsel, New York City (Jeffrey E. Schanback and Angelo Aiosa, New York City, of counsel), for defendants.

OPINION AND ORDER

CANNELLA, District Judge.

Plaintiffs, three so-called "adult" bookstores1 engaged in the sale of sexually explicit books, magazines and 8 millimeter films (hereinafter "sexually explicit materials")2 to consenting adults, bring this action pursuant to 42 U.S.C. § 1983 to escape the effects of New York City's recent campaign to "clean up" the Midtown area of New York County ...

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