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PENTHOUSE INTERN., LTD. v. McAULIFFE

No. 81-7426.

702 F.2d 925 (1983)

PENTHOUSE INTERNATIONAL, LTD., Plaintiff-Appellee, v. Hinson McAULIFFE, Individually and as Solicitor General for the County of Fulton, State of Georgia, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Opinion on Granting of Rehearing June 30, 1983.

Attorney(s) appearing for the Case

George Weaver, Atlanta, Ga., for defendant-appellant.

Grutman, Schafrann & Miller, Norman Roy Grutman, New York City, Gambrell & Mobley, James L. Paul, Atlanta, Ga., for plaintiff-appellee.

Before TJOFLAT and HENDERSON, Circuit Judges, and LYNNE, District Judge.

Opinion on Granting of Rehearing En Banc June 30, 1983.

TJOFLAT, Circuit Judge:

Penthouse brought this suit to enjoin the Solicitor General of Fulton County, Georgia, Hinson McAuliffe, from prosecuting or threatening to prosecute under the Georgia obscenity statute, Ga.Code § 16-12-80 (1980), any person who exhibited the movie "Caligula," the rights to which Penthouse owns.1 Penthouse also sought a declaration that "Caligula...

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