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UNITED STATES v. STEWART

Crim. No. 70-592.

336 F.Supp. 299 (1971)

UNITED STATES of America v. Ronald A. STEWART.

United States District Court, E. D. Pennsylvania.

December 3, 1971.

Attorney(s) appearing for the Case

U. S. Atty. Louis C. Bechtle, Asst. U. S. Atty. Thomas McBride, for plaintiff.

Alan Davis, Philadelphia, Pa., and H. Monte Levy, New York City, for defendant.

OPINION AND ORDER

MASTERSON, District Judge.

Defendant is charged in a twelve count indictment with using the mails to send certain unsolicited "obscene, lewd, lascivious and filthy" commercial advertisements, in violation of 18 U.S.C. § 1461. Defendant has moved to dismiss the indictment on the ground that the materials referred to therein are not obscene, and that the application of the Postal Obscenity Law to the materials would be violative of the...

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