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FLYNT v. LEIS

No. 77-3426.

574 F.2d 874 (1978)

Larry FLYNT, Hustler Magazine, Inc., Herald Price Fahringer, and Paul J. Cambria, Jr., Plaintiffs-Appellees, v. Simon L. LEIS, Jr., Prosecuting Attorney for Hamilton County, William J. Morrissey, Judge of the Court of Common Pleas; Robert S. Kraft, Judge of the Court of Common Pleas, and the Hamilton County Court of Common Pleas, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 12, 1978.

Attorney(s) appearing for the Case

Fred J. Cartolano, William E. Breyer, Cincinnati, Ohio, for defendants-appellants.

Andrew B. Dennison, Cincinnati, Ohio, Herald Price Fahringer, Paul J. Cambria, Jr., Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y., for plaintiffs-appellees.

Before LIVELY, ENGEL and MERRITT, Circuit Judges.

MERRITT, Circuit Judge.

The Court of Common Pleas of Hamilton County, Ohio, has refused to allow two out-of-state lawyers, Herald Price Fahringer and Paul J. Cambria, Jr., to appear pro hac vice (meaning "for this turn" or case) on behalf of publisher Larry Flynt and Hustler Magazine, Inc., defendants in a pending state criminal obscenity case. After an unsuccessful attempt to obtain a writ of mandamus from the Supreme Court of Ohio, the two lawyers and their...

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