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U. S. v. VARIOUS ART. OF OBSCENE MERCHANDISE, ETC.

No. 79 Civ. 4399(PNL).

480 F.Supp. 264 (1979)

UNITED STATES of America, Plaintiff, v. VARIOUS ARTICLES OF OBSCENE MERCHANDISE, SCHEDULE NO. 1844, Defendant in Rem.

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

November 28, 1979.

Attorney(s) appearing for the Case

Leslie R. Bennett, Asst. U.S. Atty., New York City, for plaintiff.

MEMORANDUM

LEVAL, District Judge.

This action raises the question whether concededly innocent, non-obscene and inoffensive books and other matter are required to be condemned, forfeited and destroyed if they were imported into the United States in a package together with any obscene article. As surprising as the proposition may seem, the government contends that this conclusion is required by the terms of the act of Congress providing for the forfeiture...

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