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REBHUHN v. CAHILL

31 F.Supp. 47 (1939)

REBHUHN et al. v. CAHILL, U. S. Atty.

District Court, S. D. New York.

May 22, 1939.

Attorney(s) appearing for the Case

S. John Block, of New York City, for plaintiffs.

John T. Cahill, U. S. Atty. for the Southern District of New York, of New York City (Richard Delafield and Boris Kostelanetz, Asst. U. S. Attys., both of New York City, of counsel), for defendant.

Before CLARK, Circuit Judge, and LEIBELL and CLANCY, District Judges.

PER CURIAM.

On November 26th, 1935, an indictment was filed naming Ben Rebhuhn, Anne Rebhuhn and Ben Raeburn as defendants, charging them in fourteen counts with a violation of 18 U.S.C. § 334, 18 U.S.C.A. § 334, in that they sent obscene matter through the mails, and in one count with conspiracy to violate the said statute. This indictment has been pending since that time. The defendants have not demurred to the indictment.

On May 17th, 1939, plaintiffs...

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