US SUPREME COURT DECISIONS

Following oral argument in this Court of this appeal from an order of a three-judge District Court declining, on the basis of Younger v. Harris, 401 U. S. 37, to intervene in a state proceeding to enjoin operation of appellants' bookstore on the ground that it was violating a "public nuisance" statute by selling obscene materials, the statute was held unconstitutional by the Georgia Supreme Court as applied in a similar case, Sanders v. State, 231 Ga. 608, 203 S.E.2d 153. Since appellants may secure a dismissal of the state proceeding against them on the basis of Sanders, thus precluding any irreparable injury, without which federal injunctive relief would be barred, the judgment below should be reconsidered in the light of the Sanders decision.

356 F.Supp. 1101, vacated and remanded.