Legal Opinion

Mtm, Inc. And Mobile Bookmart, Inc. v. William J. Baxley, Attorney General of Alabama, Etc.

Court of Appeals for the Fifth Circuit

Decided November 24, 1975No. 75-3154PublishedCited by 9 opinions

1Per curiam

On March 7, 1973, the State of Alabama filed suit to abate, as a nuisance, the Pussy Cat Theater in Birmingham. The suit was filed pursuant to the Alabama Red Light Abatement Act, Tit. 7, Sections 1091 et seq., Code of Alabama, 1940, recompiled 1958. 1 The complaint alleged that the indoor theater displayed obscene films, that obscene literature was sold therein, and thus it was a public nuisance.

Appellants, owners of the theater, reacted to the nuisance suit by filing this action in the District Court for the Northern District of Alabama on May 3, 1973. They sought federal injunctive relief…

2Cases cited5 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Huffman v. Pursue, Ltd.Supreme Court of the United States · 1975
  3. MTM, Inc. v. BaxleySupreme Court of the United States · 1975
  4. General Corp. v. State Ex Rel. SweetonSupreme Court of Alabama · 1975
  5. General Corporation v. SweetonDistrict Court, N.D. Alabama · 1973

3Cited by9 opinions

  1. The Sea Ranch Association v. California Coastal Zone Conservation CommissionsCourt of Appeals for the Ninth Circuit · 1976
  2. Cartledge v. MillerDistrict Court, S.D. New York · 1978
  3. Brown v. Liberty Loan Corporation Of DuvalCourt of Appeals for the Fifth Circuit · 1976
  4. Brown v. Liberty Loan Corp.Court of Appeals for the Fifth Circuit · 1976
  5. Rite Aid Corp. v. Bd. of Pharmacy of State of NJDistrict Court, D. New Jersey · 1976

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