S & S News Agency, Inc. v. Freeze

Conley Byrd, Associate Justice.

Appellant S & S News Agency, Inc., a wholesale magazine distributor and operator of one retail establishment known as the Point Newsstand, brought this action in equity to prevent appellees, Jack Freeze, Mayor; Clifford Y. Keheley, City Administrator; J. Sam Wood, City Attorney, and the City of Fort Smith, Arkansas, from prosecuting appellant’s agent under Ark. Stat. Ann. § 41-2704 (Repl. 1964), and from harassing or threatening appellant with further prosecution for the sale of the magazines involved in Gent v. Arkansas, 239 Ark. 474, 393 S. W. 2d 219 (1965),…