Holloway House Publishing Co. v. Sharp

408 F.2d 656 HOLLOWAY HOUSE PUBLISHING CO., a California corporation, Appellant, v. Wesley S. SHARP, individually and as Chief of Police of the City of San Diego and Edward T. Butler, individually and as City Attorney for the City of San Diego, Appellees. No. 22361. United States Court of Appeals Ninth Circuit. Feb. 25, 1969. Stanley Fleishman (argued), Hollywood, Cal., Gostin & Katz, San Diego, Cal., for appellant. Kenneth H. Lounsbery (argued), Deputy City Atty., Edward T. Butler, City Atty., Barbara Flood, Legal Intern, San Diego, Cal., for appellees. Before CHAMBERS and KOELSCH, Circuit Judges, and WHELAN, 1 District Judge. CHAMBERS, Circuit Judge: 1 Holloway House publishes a version of 'The Complete Works of Marquis de Sade.' The city attorney of San Diego thinks it is obscene. He started state criminal prosecutions against some San Diego vendors of Holloway. This, says Holloway, hurts its business. 2 Thereupon, Holloway filed an action for an injunction and a declaratory judgment. A deprivation of civil rights is asserted and it is insisted that it was not a suit to enjoin criminal prosecution. 3 The motion of defendants for a summary judgment was granted. The basis for…