Alex Cooley, Etc. v. William Baer Endictor, Assistant Solicitor of the Criminal Court of Fulton County

458 F.2d 513

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 22, 1972
• Docket: 71-3207
• Status: Published

Opinions

PER CURIAM:

The district court denied both injunctive and declaratory relief against claimed threatened state court prosecution¹ of the producer and two female performers of a theatrical production “Stomp”.² A fourth plaintiff was joined as a member of the theatre-going public.

The trial court entered full findings of fact and conclusions of law, basing its holding primarily upon Boyle v. Landry, 1971, 401 U.S. 77, 91 S.Ct. 758, 27 L.Ed.2d 696, and the other cases composing the Younger v. Harris, 1971, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669, double trilogy of February 23, 1971.

Appellants have not demonstrated error in the proceedings below.

The judgment appealed from is

Affirmed.

1 . Under Georgia’s indecent exposure statute, Ga.Code Ann. Sec. 26-2105; Ga.L. 1971, page 344.

2 . The opinion and order of the district court are reported as Cooley et al. v. Endictor et al., N.D.Ga.1971, 340 F.Supp. 15.