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F. X. MALTZ, LTD. v. MORGENTHAU

No. 1021, Docket 77-7079.

556 F.2d 123 (1977)

F. X. MALTZ, LTD., Plaintiff-Appellant, v. Robert MORGENTHAU, Individually and as District Attorney of the County of New York, and Michael Codd, Individually and as Police Commissioner of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 26, 1977.

Attorney(s) appearing for the Case

Herbert S. Kassner, New York City (Frederic A. Strom, Kassner & Detsky, P.C., New York City, of counsel), for appellant.

David Rapaport, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty., New York County, Peter L. Zimroth, Asst. Dist. Atty., Robert M. Gross, Criminal Law Investigator, New York City, of counsel), for appellee Morgenthau.

Leonard Koerner, New York City (W. Bernard Richland, Corp. Counsel, New York City, L. Kevin Sheridan, New York City, of counsel), for appellee Codd.

Before LUMBARD, MANSFIELD and GURFEIN, Circuit Judges.

MANSFIELD, Circuit Judge:

F. X. Maltz, Ltd., the operator of a theatre in midtown Manhattan which exhibits "sexually oriented" motion pictures, filed a complaint in the district court pursuant to various civil rights statutes, 28 U.S.C. §§ 1331, 1332, 1343, 2201, 2202, and 42 U.S.C. §§ 1983, 1985, and 1986, seeking declaratory and injunctive relief prohibiting the New York City police from arresting, and the New York County District Attorney from...

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