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CHERRY v. SECRETARY OF TREASURY OF U. S.

No. 76 Civ. 1561 (RLC).

460 F.Supp. 606 (1978)

Fred CHERRY, Plaintiff, v. The SECRETARY OF the TREASURY OF the UNITED STATES, Defendant.

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

November 9, 1978.

Attorney(s) appearing for the Case

Fred Cherry, pro se.

Frederick P. Schaffer, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., for S. D. N. Y., New York City), for defendant.

Before MULLIGAN, Circuit Judge, and CARTER and CONNER, District Judges.

OPINION

CARTER, District Judge.

Plaintiff here challenges the constitutionality of 19 U.S.C. § 1305, both facially and as applied, and seeks to enjoin its enforcement. He claims that this statute, which prohibits the importation of obscene articles into the United States and provides for seizure and forfeiture of such articles, violates the First and Fifth Amendments in that (1) it fails to provide for a change in venue; (2) it allows the government...

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