Miller v. Reddin

422 F.2d 1264 Marvin MILLER, Covina Publishing, Inc., a California corporation, doing business as Collectors Publications, Appellants, v. Thomas REDDIN, James Harvey Brown, United States of America, and its Agents, The Post Office Department and the United States Attorney General, Appellees. No. 23838. United States Court of Appeals, Ninth Circuit. March 12, 1970. Arthur Sherman (argued), of Marks, Sherman & London, Los Angeles, Cal., for appellant. George J. Franscell (argued), Asst. City Counsel, John Daly, Deputy City Atty., Roger Arneberg, City Atty., Los Angeles, Cal., Larry L. Dier, Asst. U. S. Atty., Wm. M. Byrne, U. S. Atty., Los Angeles, Cal., for appellee. Before BARNES, CARTER and WRIGHT, Circuit Judges. PER CURIAM: 1 The appellants, publishers and distributors of the five books involved in this action, sought declaratory relief, an injunction and damages against the appellees. Appellants alleged a conspiracy to violate appellants' civil rights; that the five books were constitutionally protected under the Free Speech and Free Press clause of the First Amendment of the United States Constitution, and sought to enjoin state and federal prosecutions based on the said…