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EAGLE BOOKS, INC. v. CITY OF ROCKFORD

No. 78-27.

66 Ill. App.3d 1038 (1978)

384 N.E.2d 493

EAGLE BOOKS, INC., et al., Plaintiffs-Appellants and Cross-Appellees, v. THE CITY OF ROCKFORD et al., Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois — Second District.

Opinion filed December 21, 1978.

Attorney(s) appearing for the Case

J. Steven Beckett, of Reno, O'Byrne & Kepley, of Champaign, for appellants.

A. Curtis Washburn and Stephen W. McCarty, both of City of Rockford Department of Law, of Rockford, for appellees.

Affirmed in part and reversed in part.

Mr. JUSTICE WOODWARD delivered the opinion of the court:

Plaintiffs, Eagle Books, Inc. and Michael Milazzo, brought an action for declaratory judgment and for injunctive relief. They sought to have the Rockford obscenity ordinance declared unconstitutional on its face and to enjoin its enforcement against them. Defendants, the City of Rockford et al., counterclaimed, alleging that certain materials which were possessed...

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