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CITY OF CADILLAC v. CADILLAC NEWS & VIDEO, INC.

Docket No. 181914.

562 N.W.2d 267 (1997)

221 Mich. App. 645

CITY OF CADILLAC, Plaintiff-Appellant/Cross-Appellee, v. CADILLAC NEWS & VIDEO, INC. and Richard Olsafsky, Defendants-Appellees/Cross-Appellants.

Court of Appeals of Michigan.

Decided February 21, 1997, at 9:10 a.m.

Released for Publication April 29, 1997.

Attorney(s) appearing for the Case

Benson, McCurdy & Wotila by Roger Wotila, Cadillac, for plaintiff.

Rubin & Rubin by Carl L. Rubin, Southfield, for defendants.

Before MacKENZIE, P.J., and MARKEY and J.M. BATZER, JJ.

MacKENZIE, Presiding Judge.

On October 13, 1994, the Cadillac Police executed a search warrant authorizing the seizure of one copy of each sexually explicit magazine and videotape in the inventory of Cadillac News & Video, a retail establishment owned by defendant Richard Olsafsky. The search warrant had been issued on a finding of probable cause to believe that items in the store violated M.C.L. § 600.2938; M.S.A. § 27A.2938, the Michigan civil obscenity...

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