“ This is an appeal from the order of a three-judge court granting a preliminary injunction against any civil or criminal proceedings in state courts against the appellees. Appellant Byrne is the district attorney of Suffolk County, Massachusetts. The appellees own and operate a motion picture theater in Boston. ”

“ Under these circumstances we treat the state prosecution as pending at the time the federal suit was initiated.↑ The appellees' prayer for relief, as amended, read as follows: 'Wherefore, plaintiffs pray:
' (1) That a preliminary injunction and a permanent injunction be granted prohibiting the defendant, his agents or servants, from any further seizures of prints of the motion picture 'I Am Curious (Yellow) ' without a prior adversary proceeding in an appropriate court in Massachusetts as to the alleged obscenity of the motion picture. ”

“ As a result of exhibiting the film entitled 'I am Curious (Yellow) ' at their theater, appellees where charged by District Attorney Byrne with violating Massachusetts General Laws, Chapter 272, § 28A, which prohibits the possession of obscene films for the purpose of exhibition. ”