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UNITED STATES v. ONE CARTON POSITIVE MOTION PICTURE FILM

247 F.Supp. 450 (1965)

UNITED STATES of America, Libellant, v. ONE CARTON POSITIVE MOTION PICTURE FILM ENTITLED "491" (35 mm. Black & White, 5 Double Reels, 9610 feet, Swedish Soundtrack with English Subtitles), Janus Films, Inc., Claimant.

United States District Court S. D. New York.

November 17, 1965.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Dist. Atty., Southern District of New York, Arthur S. Olick, Asst. U. S. Dist. Atty., Judith Nochimson, Asst. U. S. Dist. Atty., for libellant.

Ephraim London, New York City, (of Brennan, London & Buttenwieser), New York City, for claimant, Janus Films, Inc.

GRAVEN, Senior District Judge (by assignment).

1. In this proceeding the Government seeks the forfeiture of an imported motion picture film on the ground that it constitutes obscene material the import of which is prohibited by Section 305 of the Tariff Act (Sec. 1305, Title 19 U.S. C.A.).

2. Section 305 of the Tariff Act (Sec. 1305, Title 19 U.S.C.A.) lists a number of items the import of which is prohibited. Among those items is "obscene" matter. That Section...

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