# ABC Books, Inc. v. Benson

> District Court, M.D. Tennessee · July 15, 1970 · 315 F. Supp. 695

URL: https://www.frixlaw.com/law-library/cases/9759258

## Case

- **Full name:** ABC BOOKS, INC., Harry Heltsley, and C. L. Butler, Individually, and as Representatives of the Class of Persons Dealing in Literature as a Business in Tennessee v. Thomas D. BENSON, Commissioner of Revenue of the State of Tennessee; Buford Ellington, Governor of Tennessee; David M. Pack, Attorney General of the State of Tennessee; Thomas H. Shriver, District Attorney General of Davidson County, Tennessee; And Noel R. Bagwell, District Attorney General of Montgomery County, Tennessee, Individually, and as Representatives of the Class of District Attorneys General of the State of Tennessee; James E. Sewell, Jr., an Officer of the Police Department of the City of Clarksville, Tennessee; And Billy W. Watkins, an Investigator With the Office of the District Attorney General of Davidson County, Tennessee, Individually, and as Representatives of the Class of Police Officers of the State of Tennessee; Arthur SPIVAK v. Thomas H. SHRIVER, District Attorney General, and David M. Pack
- **Court:** District Court, M.D. Tennessee
- **Decided:** July 15, 1970
- **Citations:** 315 F. Supp. 695; 1970 U.S. Dist. LEXIS 10926
- **Precedential status:** Published
- **Opinion:** Concurrence by Miller
- **Judges:** Combs, Miller, Gray
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9759258

## Opinion text

WILLIAM E. MILLER, Circuit Judge
(concurring).
I concur fully in Judge GRAY’s excellent and well-reasoned opinion in this case. I would only add that I am pre *704 pared at this time as a member of the three-judge court, without the necessity of further proof, to hold and conclude that the film “The Bushwhacker,” personally viewed by all the members of the court, is obscene within the meaning of the Tennessee statute and should be so declared.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9759258. Public record. Not legal advice.