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EXCELLENT PUBLICATIONS, INC. v. UNITED STATES

No. 6013.

309 F.2d 362 (1962)

EXCELLENT PUBLICATIONS, INC., Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

November 1, 1962.

Attorney(s) appearing for the Case

Shane Devine, Manchester, N. H., with whom Devine, Millimet & McDonough, Manchester, N. H., was on brief, for appellant.

William H. Craig, Jr., U. S. Atty., with whom Paul L. Normandin, Asst. U. S. Atty., was on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

WOODBURY, Chief Judge.

The appellant, another corporation, and three individuals said to be executive officers of the appellant, were indicted in seven counts by a grand jury in the court below for knowingly using and causing the use of the mails for the delivery of "obscene, lewd, lascivious, filthy or indecent matter" in violation of § 1461 of Title 18 U.S.C. Each count in the indictment refers to a separate issue of a so-called "Girlie" magazine called "The...

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