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COUNCIL FOR PERIODICAL DISTRIBUTORS ASS'NS v. EVANS

Nos. 86-7569, 86-7754.

827 F.2d 1483 (1987)

COUNCIL FOR PERIODICAL DISTRIBUTORS ASSOCIATIONS; International Periodical Distributors Association, Inc.; Martin E. McCaffery; Penthouse International, Ltd.; Playboy Enterprises, Inc.; and Newlook International, Ltd., Plaintiffs-Appellees, v. James H. EVANS, District Attorney, Fifteenth Judicial Circuit of Alabama, individually and in his official capacity, Defendant-Appellant, John Wilson, Chief of Police of the City of Montgomery, individually and in his official capacity; Thomas O. Kotouc, individually and in his official capacity; and City of Montgomery, Defendants. COUNCIL FOR PERIODICAL DISTRIBUTORS ASSOCIATION, et al., Plaintiffs-Appellees, v. James H. EVANS, District Attorney, Fifteenth Judicial Circuit of Alabama, individually and in his official capacity; John Wilson, Chief of Police of the City of Montgomery, individually and in his official capacity; Thomas O. Kotouc, individually and in his official capacity; and City of Montgomery, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 21, 1987.

Attorney(s) appearing for the Case

Robert A. Huffaker, Rushton, Stakely, Johnston & Garrett, P.A., Robert C. Brock, Rushton, Stakely, Johnston & Garrett, P.A., and Jo Bernard Brannan, Jr., Montgomery, Ala., for James H. Evans and Thomas O. Kotouc.

Holly L. Wiseman, Markstein, Morris & Liles, Birmingham, Ala., Robert D. Segall, Copeland, Franco, Screws & Gill, P.A., Montgomery, Ala., and Burton Joseph, Barsy, Joseph & Lichtenstein, Chicago, Ill., for all plaintiffs/appellees.

Before JOHNSON and CLARK, Circuit Judges, and EATON, Senior District Judge.

CLARK, Circuit Judge:

The two cases on appeal here arise out of the attempts by a county district attorney in Montgomery, Alabama, to prevent the sale of "adult," or sexually explicit, magazines in his jurisdiction. Case No. 86-7569 is an appeal by James Evans, the District Attorney for Montgomery County, and Thomas Kotouc, a Special Assistant District Attorney, challenging the district court's injunction against their intimidation and prosecution of local magazine...

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