UNITED STATES v. AMERICAN THEATER CORP.

No. 75-1143.

526 F.2d 48 (1975)

UNITED STATES of America, Appellee, v. AMERICAN THEATER CORPORATION and Richard Ottis Berry, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 14, 1975.

Rehearing and Rehearing Denied December 12, 1975.


Attorney(s) appearing for the Case

Michael Clutter, Atlanta, Ga., for appellants.

Paul W. Madgett, Asst. U.S. Atty., Omaha, Neb., for appellee.

Before MATTHES, Senior Circuit Judge, and HEANEY and STEPHENSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied December 12, 1975.

HEANEY, Circuit Judge.

American Theater Corporation and Richard Berry appeal from their conviction by a jury of knowingly transporting by common carrier in interstate commerce two obscene motion pictures entitled "Champagne Party" and "(X) The Club (X)" in violation of 18 U.S.C. § 1462.1 We affirm.

Three issues are raised on appeal. American Theater and Berry...

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