U. S. v. VARIOUS ARTICLES OF OBSCENE MERCHANDISE

No. 685, Docket 78-6193.

600 F.2d 394 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. VARIOUS ARTICLES OF OBSCENE MERCHANDISE, SCHEDULE NO. 1769, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 25, 1979.


Attorney(s) appearing for the Case

Harvey J. Wolkoff, Asst. U. S. Atty., Southern District of New York (Robert B. Fiske, Jr., U. S. Atty., Peter C. Salerno, Asst. U. S. Atty., Southern District of New York, New York City, of counsel), for the United States of America.

Arthur N. Eisenberg, Steven Shapiro, New York Civil Liberties Union, New York City, for N.Y. Civil Liberties Union as amicus curiae.

Before LUMBARD, FEINBERG and MESKILL, Circuit Judges.


MESKILL, Circuit Judge:

This is an appeal by the United States from a judgment entered in the United States District Court for the Southern District of New York, Pierre N. Leval, Judge, after a bench trial, finding certain items seized by the United States Customs Service not legally "obscene" and ordering their release to their respective addressees. For the reasons that follow, we affirm in part and reverse in part and remand to the district court for further...

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