MARJAK, INC. v. COWLING

No. TX-C-85-4050.

626 F.Supp. 522 (1985)

MARJAK, INC. d/b/a Video Unlimited, Plaintiff, v. Joe COWLING, Mayor of the City of Stamps, in his individual and official capacity; Martin Herman, Buster Brazell, Curtis Jones, B.T. Owen, Thurman Teague, and Frank Scroggins, City Council Members of the City of Stamps, in their individual and official capacities; City of Stamps, Arkansas; and Lynn Robertson, Defendants.

United States District Court, W.D. Arkansas, Texarkana Division.

August 12, 1985.


Attorney(s) appearing for the Case

John Wesley Hall, Jr., Little Rock, Ark., for plaintiff.

Winston Bryant, North Little Rock, Ark., for defendant City of Stamps.

Mary McKinnon, El Dorado, Ark., for individual defendant Lynn Robertson.


MEMORANDUM OPINION

ROY, District Judge.

On December 12, 1983, the City Council of Defendant City of Stamps, Arkansas, adopted Ordinance No. 323, entitled "An ordinance prohibiting the sale of obscene literature within the City of Stamps, Arkansas, setting penalties therefore and other purposes." The ordinance provides, in pertinent part:

Section 1: Hereafter, the sale, offer for sale, distribution, attempted distribution or public exhibition of...

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