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POLYKOFF v. COLLINS

No. 84-2328.

816 F.2d 1326 (1987)

Louis POLYKOFF; IAS, Inc., a corporation; Charles Stuart; Charles Clapp, etc., et al., Plaintiffs-Appellants, v. Tom COLLINS, in his official capacity as Maricopa County Attorney, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 7, 1987.

Attorney(s) appearing for the Case

John H. Weston and G. Randall Garrou, Beverly Hills, Cal., and Richard J. Hertzberg, Phoenix, Ariz., for plaintiffs-appellants.

Bruce A. Taylor, Scottsdale, Ariz., for defendant-appellee.

Before NELSON, KOZINSKI and NOONAN, Circuit Judges.

NELSON, Circuit Judge:

This appeal concerns the district court's denial of declaratory relief and permanent injunctive relief in a first and fourteenth amendment challenge to Arizona's obscenity statute and the statutory provisions imposing fines for felonies. Appellants contend that the statutory term "prurient interest," as interpreted by the Arizona Supreme Court, is unconstitutionally overbroad, and that the felony fine provisions impermissibly restrain and chill...

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