Hendricks

Diversity of citizenship is the sole jurisdictional basis for prosecution of this replevin action in this Federal Court.

*338 Plaintiff purchased certain unexposed motion picture film from defendant Eastman Kodak Company. The cost of having the color film developed was included in the purchase price and in due course plaintiff delivered the film to defendant Eastman Kodak Company for processing. The film in question is part of a larger footage intended to be used in preparation of a motion picture story. When the particular portion involved in suit had been processed, defendant delivered 400 feet of it to plaintiff and, on no authority beyond its own decision, refused to deliver the remaining 1,000 feet.

On earlier occasions other portions of the prospective total cinema production had been processed and thereafter returned to plaintiff by Eastman. They are not in dispute here.

The refusal to re-deliver the film was stated by defendant to be justified because to deliver it would violate a section of the California Penal Code 1 which prohibits certain wilful use of specified obscene or indecent material.

It was also contended that certain ordinances of the City of Los Angeles 2…