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UNITED BOOKS, INC. v. CONTE

No. 83-1832.

739 F.2d 30 (1984)

UNITED BOOKS, INC., Plaintiff, Appellant, v. John J. CONTE, Et Al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 26, 1984.

Attorney(s) appearing for the Case

Regina L. Quinlan, Boston, Mass., for appellant.

Frances L. Robinson, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Frederick W. Riley, Chief, Crim. Div., and Barbara A.H. Smith, Asst. Atty. Gen., Chief, Criminal Appellate Division, Boston, Mass., were on brief, for appellees.

Before COFFIN and BOWNES, Circuit Judges, and GIERBOLINI, District Judge.

COFFIN, Circuit Judge.

The plaintiff, United Books, Inc., operates what is commonly referred to as an "adult bookstore" in Worcester, Massachusetts. The store sells, among other things, books, magazines, films, and videotapes that describe or depict explicit sexual conduct. The store also maintains private, coin-operated booths where patrons may view sexually explicit films.

The plaintiff, its officers and employees, have been charged six times since April...

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