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COUNCIL FOR PERIODICAL DISTRIBUTORS ASS'N v. EVANS

Civ. A. No. 86-T-282-N.

642 F.Supp. 552 (1986)

COUNCIL FOR PERIODICAL DISTRIBUTORS ASSOCIATION, et al., Plaintiffs, v. James H. EVANS, etc., et al., Defendants.

United States District Court, M.D. Alabama, N.D.

July 14, 1986.

Attorney(s) appearing for the Case

Holly L. Wiseman, Markstein, Morris & Lies, Birmingham, Ala., Burton Joseph, Barsy, Joseph & Lichtenstein, Chicago, Ill., Robert Segall, Copeland, Franco, Screws & Gill, Montgomery, Ala., for plaintiffs.

J. Bernard Brannan, Jr., Montgomery, Ala., for defendants John Wilson and City of Montgomery.

H. Lewis Gillis, Gillis & Nesbitt, Thomas T. Gallion, III, Haskell, Slaughter, Lew & Young, Montgomery, Ala., for defendants James H. Evans and Thomas O. Kotouc.

MEMORANDUM OPINION

MYRON H. THOMPSON, District Judge.

This lawsuit is a challenge to the efforts of a state district attorney to stop the sale of allegedly sexually explicit magazines in Montgomery County, Alabama. The plaintiffs claim that the actions of the district attorney and a special task force he created constituted "a prior restraint" and were "retaliatory," in violation of the first amendment to the...

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