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AMATO v. DIVINE

No. 73-1373.

558 F.2d 364 (1977)

Myron M. AMATO, Petitioner-Appellee, v. Archie H. DIVINE, Jr., Sheriff of Rock County, Wisconsin, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

June 28, 1977.

Attorney(s) appearing for the Case

Bronson C. La Follette, Atty. Gen., Thomas J. Balistreri, Asst. Atty. Gen., Dept. of Justice, Madison, Wis., for respondent-appellant.

James A. Walrath, Shellow & Shellow, Milwaukee, Wis., for petitioner-appellee.

Before KNOCH, Senior Circuit Judge, SWYGERT, Circuit Judge, and CAMPBELL, Senior District Judge.

PER CURIAM.

We affirmed an order of the district court granting a petition for a writ of habeas corpus on the basis that the Wisconsin obscenity statute, Wisconsin Statutes, § 944.21(1)(a), under which petitioner was convicted, was unconstitutionally vague. Amato v. Divine, 496 F.2d 441 (7th Cir. 1974). That decision was vacated and remanded by the United States Supreme Court...

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