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DISTRICT ATTORNEY, HAMPDEN v. 355 PUBLICATIONS

No. 92-P-583.

35 Mass. App. Ct. 66 (1993)

616 N.E.2d 493

DISTRICT ATTORNEY FOR THE HAMPDEN DISTRICT vs. 355 PUBLICATIONS & another.

Appeals Court of Massachusetts, Hampden.

July 30, 1993.

Attorney(s) appearing for the Case

Barbara A.H. Smith for Capital Video Corp.

Nancy W. Geary, Assistant Attorney General, for the plaintiff.

Present: ARMSTRONG, JACOBS, & GREENBERG, JJ.

JACOBS, J.

When the district attorney brought an action in the Superior Court pursuant to G.L.c. 272, § 28C, seeking to have 355 identified books adjudicated as obscene, the defendant, Capital Video Corp. (Capital), filed an answer claiming to be a party interested in the dissemination of the publications.2 In its answer, Capital denied that the books are obscene but acknowledged...

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