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U.S. v. VARIOUS ARTICLES OF OBSCENE MERCHANDISE

No. 81 Civ. 5295 (RWS).

565 F.Supp. 7 (1982)

UNITED STATES of America, Plaintiff, v. VARIOUS ARTICLES OF OBSCENE MERCHANDISE, SCHEDULE NO. 2102, Defendant.

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

September 29, 1982.

Attorney(s) appearing for the Case

John S. Martin, Jr., U.S. Atty., S.D.N.Y., New York City, for U.S.; Jonathan A. Lindsey, Asst. U.S. Atty., New York City, of counsel.

OPINION

SWEET, District Judge.

In an opinion dated November 3, 1981, I dismissed the Government's complaint which sought the forfeiture and condemnation of various articles of allegedly obscene merchandise pursuant to 19 U.S.C. § 1305(a) and held that the materials are not patently offensive to the average person in this community. One factor in this determination of contemporary community standards was my conclusion that an element of the standard...

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