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UNITED STATES v. A MOTION PICTURE FILM

No. 569, Docket 32448.

404 F.2d 196 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. A MOTION PICTURE FILM ENTITLED "I AM CURIOUS-YELLOW" ("Jar Ar Nyfigen-Gul") (35 mm., Black and White 6 Double Reels, 11,746 ft., Swedish soundtrack with English subtitles), Grove Press, Inc., Claimant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 26, 1968.

Attorney(s) appearing for the Case

Edward de Grazia, New York City (Richard T. Gallen, New York City, on the brief), for appellant.

Lawrence W. Schilling, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York and David Paget, Asst. U. S. Atty., on the brief), for appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and HAYS, Circuit Judges.

HAYS, Circuit Judge:

This is an appeal from a judgment of the district court, after a jury trial, ordering the forfeiture and confiscation under Section 305 of the Tariff Act of 1930, 19 U.S.C. § 1305 (1964)1 of the motion picture entitled "I Am Curious-Yellow." We reverse the judgment on the ground that under standards established by the Supreme Court the showing of the picture cannot be...

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