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UNITED STATES v. CONSOLIDATED PRODUCTIONS, INC.

Crim. No. 6883-F-CD.

326 F.Supp. 603 (1971)

UNITED STATES of America, Plaintiff, v. CONSOLIDATED PRODUCTIONS, INC. and Thomas S. Tierney, Defendants.

United States District Court, C. D. California.

April 30, 1971.

Attorney(s) appearing for the Case

Robert L. Meyer, U. S. Atty., David R. Nissen, Asst. U. S. Atty., Chief, Criminal Division, David H. Anderson, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff.

Vars, Reff & White, Robert J. Vars, Sherman Oaks, Cal., for defendants.

MEMORANDUM OPINION GRANTING MOTION TO DISMISS THE INDICTMENT

FERGUSON, District Judge.

The indictment in this case involves the first criminal prosecution instituted for an alleged violation of 39 U.S.C. § 4009 (1964 ed., Supp. IV). That section provides that a person who has received by mail an "advertisement which offers for sale matter which the addressee in his sole discretion believes to be erotically arousing or sexually provocative" may request...

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