ENGLAND v. HENDRICKS

Nos. 86-2905, 87-1720 and 87-1069.

880 F.2d 281 (1989)

Dennis ENGLAND and Stanley Nielsen, individually and d/b/a Video America, Logan Utah, and their wives Marlene England and Jan Nielsen, and Video USA, Inc., a Utah corporation, Plaintiffs-Appellees, v. Richard HENDRICKS and Ferris Groll, Defendants-Appellants. Dennis ENGLAND and Stanley Nielsen, individually and d/b/a Video America, Logan Utah, Plaintiffs-Appellants, v. Franklin Lanny GUNNELL, Richard Hendricks and Ferris Groll, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 28, 1989.


Attorney(s) appearing for the Case

David R. Daines, Logan, Utah, for plaintiffs-appellees-cross-appellants.

Denton M. Hatch (Wesley M. Lang with him, on the brief), of Christensen, Jensen & Powell, P.C., Salt Lake City, Utah, for defendants-appellants-cross-appellees Hendricks and Groll.

Jody K. Burnette, of Snow, Christensen & Martineau, Salt Lake City, Utah, for defendant-appellee Gunnell.

Before TACHA, Circuit Judge, SETH, Senior Circuit Judge, and SAFFELS, District Judge.


SAFFELS, District Judge.

After a videotape rental store in Logan City, Utah rented an allegedly pornographic tape to a minor, the Logan City police began an investigation of the store's owners, Stan Nielsen ("Nielsen") and Dennis England ("England"). Utah Code § 76-10-1206 made it a criminal offense to distribute harmful materials to minors. The county attorney, Franklin Lanny Gunnell ("Gunnell") and Officer Richard Wright ("Wright") of the Logan City Police...

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