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PENT-R-BOOKS, INC. v. UNITED STATES POSTAL SERVICE

No. 71-C-183.

328 F.Supp. 297 (1971)

PENT-R-BOOKS, INC., et al., Plaintiffs, v. UNITED STATES POSTAL SERVICE and the United States of America, Defendants.

United States District Court, E. D. New York.

June 10, 1971.

Attorney(s) appearing for the Case

Schwartz, Schindler & Levy, by Herbert Monte Levy, New York City, for plaintiffs.

David A. Nelson, General Counsel, United States Postal Service, Washington, D. C., Edward R. Neaher, U. S. Atty., E.D.N.Y., by James D. Porter, Jr., Asst. U. S. Atty., Brooklyn, N. Y., for defendants.

Irwin Karp, New York City, amicus curiae for Author's League of America, Inc.

Before KAUFMAN, Circuit Judge, and MISHLER and JUDD, District Judges.

MEMORANDUM AND ORDER

JUDD, District Judge.

This action for an injunction against enforcement of a federal statute presents the knotty problem of federal power to regulate pornography and near-pornography, and specifically the validity of requirements set forth in the so-called Goldwater amendment to the Postal Reorganization Act of 1970 (39 U.S. C. §§ 3010-11; 18 U.S.C. §§ 1735-37; Pub.L. 91-375), and regulations issued thereunder.

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