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ECKSTEIN v. CULLEN

Civ. No. 92-847-A.

803 F.Supp. 1107 (1992)

Kathleen L. ECKSTEIN, Plaintiff, v. Richard CULLEN, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

Order on Denial of Reconsideration December 15, 1992.

Attorney(s) appearing for the Case

Victor Michael Glasberg, Victor M. Glasberg & Assoc., Alexandria, Va., for plaintiff.

Richard Parker, Asst. U.S. Atty., Alexandria, Va., for defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

Introduction

This case presents important first, fourth, and fifth amendment challenges to the Government's seizure of sexually explicit materials from plaintiff's bookstore. Defendant has moved to dismiss this case pursuant to Rule 12(b)(6), Fed.R.Civ.P., and plaintiff has moved for return of property pursuant to Rule 41(e), Fed.R.Crim.P. For the reasons...

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