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from www.cincinnati.com – In court, it’s an eviction lawsuit.

In reality, its the latest in a bitter, bare-knuckle battle between brothers who made their fame and fortune in the porn industry.

Larry Flynt is in court trying to oust his brother Jimmy from the 411 Elm Street store Jimmy Flynt insists is his and Larry Flynt insists belongs to his Hustler corporation.

“Jimmy has operated the store continuously since they moved in in 2000,” Jimmy Flynt’s attorney, Robert Hojnoski told Hamilton County Common Pleas Court Judge Steve Martin as Monday’s trial began.

The issue for Larry Flynt is if a lease exists at the store.

“One thing is clear. No valid lease exists,” said Mark VanderLaan, Larry Flynt’s attorney. “It’s basically the word of Jimmy Flynt.”

But the real issue is the fight between the estranged brothers that is in at least its fourth year.

After Larry Flynt fired Jimmy Flynt’s two sons, the nephews began their own porn business, selling adult videos using the Flynt name. An irate Larry Flynt told his brother to make the sons stop or else. Jimmy Flynt refused and the fight was on. Larry Flynt successfully won the court battle to force his nephews to stop using the Flynt name. He then fired his brother.

Larry Flynt alleged his brother was never anything more than an employee in his porn and magazine empire while Jimmy Flynt counters that he was a partner of about 50 years in many of his brother’s ventures. That includes opening the Elm Street store that was viewed as the brothers thumbing their noses at then-Hamilton County Sheriff Simon Leis, Jr., who, as Prosecutor, prosecuted Larry Flynt for obscenity in the 1970s. Flynt’s convictions were overturned on appeal.

Larry Flynt sued Jimmy Flynt for using the Hustler name on the Elm Street store. His brother responded by naming the store “Jimmy Flynt Sexy Gifts” and opened another store in Florence.

Larry Flynt opened a separate Downtown store and the Hustler Hollywood store in Monroe.

The case before Martin concerns the lease of the Elm Street store and has been in court for four years.

Martin ordered both brothers to attend the trial, so Larry Flynt, his family and bodyguards came in from California.

The trial will continue in progress. That means it’s on hold until the judge decides legal issues both sides have raised.