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STATE v. BOOK-CELLAR, INC.

No. 1 CA-CIV 6390.

139 Ariz. 525 (1984)

679 P.2d 548

STATE of Arizona, Plaintiff-Appellant, v. BOOK-CELLAR, INC., a California corporation, dba Book-Cellar No. 7/Modern Book Store, Book-Cellar No. 8/Glendale Book Bar and Book-Cellar No. 4/Venus Bookstore, Defendant-Appellee. BOOK-CELLAR, INC., a California corporation, dba Book-Cellar No. 7/Modern Book Store, Book-Cellar No. 8/Glendale Book Bar and Book-Cellar No. 4/Venus Bookstore, Counterclaimant-Appellee, v. STATE of Arizona, William E. Farrell, in his official capacity as City Attorney of the City of Glendale and George Renner, in his individual and his representative capacity as Mayor of the City of Glendale, Counterdefendants-Appellants.

Court of Appeals of Arizona, Division 1, Department C.

January 19, 1984.

Attorney(s) appearing for the Case

William E. Farrell, Glendale City Atty., Glendale, for plaintiff-appellant and counterdefendants-appellants.

Law Office of Richard J. Hertzberg By Richard J. Hertzberg, Phoenix, for defendant-appellee and counterclaimant-appellee.

OPINION

BROOKS, Judge.

At issue is the constitutionality of Arizona's Obscene Movie and Obscene Pictorial Publication Abatement statutes. The trial court found the statutes unconstitutional both on their face and as applied and awarded appellee (Book-Cellar) nominal damages and reasonable attorney's fees.

FACTS

On June 9, 1981, the City Attorney for the City of Glendale brought this action in the name of the State of Arizona seeking to abate...

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