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U.S. v. 1903 OBSCENE MAGAZINES

Nos. Civ-87-1304C, Civ-88-120C.

715 F.Supp. 470 (1989)

UNITED STATES of America, Plaintiff, v. 1903 OBSCENE MAGAZINES, CUSTOMS SEIZURE NUMBER 88-0901-00001, Defendant. UNITED STATES of America, Plaintiff, v. 800 MAGAZINES, SEIZURE NUMBER PX 88/56, Defendant.

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

June 20, 1989.

Attorney(s) appearing for the Case

Dennis C. Vacco, U.S. Atty. (Martin J. Littlefield, Asst. U.S. Atty., of counsel), Buffalo, N.Y., for plaintiff.

Lipsitz, Green, Fahringer, Roll, Schuller & James (Paul J. Cambria, and Fern S. Adelstein, Joseph Latona, of counsel), Buffalo, N.Y., for defendant.

BACKGROUND

CURTIN, District Judge.

Currently pending before the court are two motions for summary judgment by claimant Trans World News, Inc. The claimant is the distributor of the magazines at issue in these two cases, and is challenging the legality of their seizure by United States Customs officials at the United States-Canada border.

FACTS

The relevant facts can be summarized briefly. In July, September, and October of 1987, a total...

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