ORDER
On receipt and consideration of a second appeal in the above-styled case in which *485this court, on December 7, 1979, entered a per curiam opinion, pointing out:
These consolidated appeals are from the decision of the district court reported at 448 F.Supp. 306, rendered October 31, 1977, holding parts of the Ohio obscenity statute, R.C.Ohio §§ 2907.01(F) and 2907.32, to be unconstitutionally over-broad and vague under Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973).
On December 7, 1978, the Supreme Court of Ohio rendered an opinion in State of Ohio v. Burgun, 56 Ohio St.2d 354, 384 N.E.2d 255 (1978), holding that the Ohio statute when construed to incorporate the guidelines of Miller v. California, is valid and constitutional. The first syllabus, prepared by the Supreme Court of Ohio, is as follows:
R.C. 2907.01(F), which sets forth the definition of “obscenity,” is neither unconstitutionally overbroad nor void for vagueness when it is authoritatively construed to incorporate the guidelines prescribed in Miller v. California, 413 U.S. 15, [93 S.Ct. 2607, 37 L.Ed.2d 419],
56 Ohio St.2d at 354, 384 N.E.2d at 255.
Upon consideration of the briefs, oral arguments of counsel and the entire record, it is ORDERED that these cases be remanded to the district court for further consideration in the light of the decision of the Supreme Court of Ohio in State of Ohio v. Burgun.
Sovereign News Co. v. Corrigan, 610 F.2d 428, 428 (6th Cir. 1979), cert. denied, 447 U.S. 923, 100 S.Ct. 3015, 65 L.Ed.2d 1116 (1980).
And on consideration of the briefs, record and the opinion of the District Court filed after further consideration on remand, Sovereign News Co. v. Falke, No. C77-230 (N.D.Ohio Sept. 19, 1980); and
Believing that the District Judge has too narrowly construed the opinion of the Ohio Supreme Court in State of Ohio v. Burgun, supra, and that in fact, said opinion should be construed as incorporating the guidelines of Miller v. California, supra, including such interpretative language and examples as may be found in the majority opinion in the Miller case.
Now, therefore, the judgment of the District Court granting plaintiff Sovereign’s claims for declaratory and injunctive relief is hereby vacated and the case is remanded to the District Court for such other proceedings as may be required.
In so doing, this court recognizes that there is language in the Ohio statute which is in arguable conflict with the United States Supreme Court’s opinion in Miller v. California. In the event of prosecutions under the Ohio statute, based on state statutory provisions in conflict with the interpretation of federal constitutional law contained in Miller v. California, supra, the standards spelled out by the United States Supreme Court in its interpretation of the First Amendment will, of course, apply, as we believe the Ohio Supreme Court has clearly recognized.