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UNITED STATES v. LETHE

Crim. No. S-884.

312 F.Supp. 421 (1970)

UNITED STATES of America, Plaintiff, v. Robert Irvine LETHE, dba Athena Books, Defendant.

United States District Court, E. D. California.

April 29, 1970.

Attorney(s) appearing for the Case

John P. Hyland, U. S. Atty., Sacramento, Cal., for plaintiff.

Anthony Glassman, Beverly Hills, Cal., Robert Vars, Vars, Reff & White, Sherman Oakes, Cal., for defendant.

MEMORANDUM AND ORDER

MacBRIDE, Chief Judge.

Defendant has been indicted for violations of 18 U.S.C. § 1461 (Mailing Obscene Matter). The indictment is in ten counts. Six counts allege that defendant mailed advertisements for obscene matter which were "nonmailable". Four counts allege that defendant mailed obscene books or films which were "nonmailable." Defendant moves to dismiss the indictment on several grounds. He also moves to inspect the grand...

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