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UNITED STATES v. GOLDSTEIN

Crim. A. No. 74-185-CR6.

431 F.Supp. 974 (1976)

UNITED STATES of America, Plaintiff, v. Alvin GOLDSTEIN, James Buckley, Milky Way Productions, Inc., Defendants.

United States District Court, D. Kansas.

June 16, 1976.

Attorney(s) appearing for the Case

Lawrence E. Schauf, Asst. U. S. Atty., Wichita, Kan., Harold Damelin, U. S. Justice Dept., Washington, D. C., for plaintiff.

Herald Price Fahringer, Paul J. Cambria, Jr., Buffalo, N. Y., for defendant Goldstein.

Arthur M. Schwartz, Denver, Colo., for Buckley.

James Lawing, Wichita, Kan., for Milky Way Productions.

OPINION OF THE COURT AND ORDER STRIKING COUNT OF INDICTMENT

THEIS, District Judge.

Defendants in this criminal action have been charged in a thirteen-count indictment with conspiracy to mail and causing to be mailed non-mailable matter as defined and prohibited by 18 U.S.C. § 1461. The charge in issue, Count XIII, alleges defendants did knowingly cause to be delivered by mail an envelope containing a tabloid giving information, directly and indirectly...

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