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UNITED STATES v. COLLIER

Cr. No. 11889 and 11892.

183 F.Supp. 47 (1960)

UNITED STATES of America v. Frank L. COLLIER. UNITED STATES of America v. John MICHALOS, alias Johnny Concho; Robert Pike, alias Bob Mercury.

United States District Court E. D. Virginia, Norfolk Division.

April 20, 1960.

Attorney(s) appearing for the Case

Sam D. Eggleston, Jr., Asst. U. S. Atty., Norfolk, Va., for plaintiff.

Robert M. Harcourt, Norfolk, Va., for Robert Pike.

Percy Carmel, Hampton, Va., for John Michalos.

Reid M. Spencer, Norfolk, Va., O. John Rogge, New York City, for Frank L. Collier.

HOFFMAN, District Judge.

Defendants, in identical motions, seek the dismissal of indictments charging them with violations of the obscene mail statute, 18 U.S.C. § 1461, as amended in 1958. So far as it may be pertinent, the statute reads:

"Every obscene, lewd, lascivious, indecent, filthy or vile article, matter, thing, device, or substance; * * * "Is declared to be nonmailable matter and shall not be conveyed in the mails or delivered from...

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