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UNIVERSAL AMUSEMENT CO., INC. v. VANCE

No. 75-4312.

587 F.2d 159 (1978)

UNIVERSAL AMUSEMENT CO., INC., et al., v. Carol VANCE et al. KING ARTS THEATRE, INC., Plaintiff-Appellee, v. George E. McCREA et al., Defendants, the State of Texas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 18, 1978.

Attorney(s) appearing for the Case

Max P. Flusche, Jr., Asst. Atty. Gen., John L. Hill, Atty. Gen., David M. Kendall, 1st Asst. Atty. Gen., Joe B. Dibrell, Lonny F. Zwiener, Asst. Attys. Gen., Austin, Tex., for State of Texas.

Douglas C. Young, Keith W. Burris, Asst. Crim. Dist. Atty., San Antonio, Tex., for Butler.

Edgar Pfeil, Asst. City Atty., Jane Haun Macon, City Atty., San Antonio, Tex., for Peters.

Steven Arronge, San Antonio, Tex., for appellant.

Frierson M. Graves, Jr., Memphis, Tenn., Gerald Goldstein, San Antonio, Tex., for R. C. Dexter & Southland.

Before BROWN, Chief Judge, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN and VANCE, Circuit Judges.

THORNBERRY, Circuit Judge:

This Texas obscenity case has had a long and somewhat unusual history. Originally filed on November 12, 1973, in the Northern District of Texas under the caption King Arts Theatre, Inc. v. McCrea, it was subsequently consolidated by the Chief Judge of this Court with other obscenity cases pending before a three-judge court sitting in the Southern District of Texas. That court had initially been constituted to hear a single case, ...

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