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AMER. CIV. LIBERTIES U. v. CITY OF PITTSBURGH

Civ. A. No. 84-984.

586 F.Supp. 417 (1984)

The AMERICAN CIVIL LIBERTIES UNION, Greater Pittsburgh Chapter, Inc., a Pennsylvania Corporation; Sam Moore; Barbara Paull; and Daniel Milberg, individuals who reside in the City of Pittsburgh, Plaintiffs, v. CITY OF PITTSBURGH, a Home Rule Charter Municipality; Richard S. Caliguiri, individually and as Mayor of the City of Pittsburgh, Defendants.

United States District Court, W.D. Pennsylvania, Pittsburgh Division.

April 24, 1984.

Attorney(s) appearing for the Case

Rochelle S. Friedman, Michael P. Malakoff, Thomas M. Kerr, Pittsburgh, Pa., for plaintiffs.

Marvin A. Fein, Pittsburgh, Pa., for defendants.

OPINION

SIMMONS, District Judge.

Today this Court is called upon to review the legality of actions taken by a local public official in calling for the removal of Hustler magazine from local newsstands. This is not an obscenity case; nor does this Court rule on the obscenity of Hustler magazine.

I. Background.

This is an action for injunctive and declaratory relief under 42 U.S.C. §§ 1983 and 1988 and under the First...

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