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UNITED STATES v. THEVIS

No. 71-2614.

484 F.2d 1149 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Michael G. THEVIS and Peachtree News Company, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 15, 1973.

Attorney(s) appearing for the Case

Robert E. Smith, Atlanta, Ga., Norman J. Abood, Jacksonville, Fla., for defendants-appellants.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Richard C. Owens, Atty., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and BELL and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 15, 1973.

BELL, Circuit Judge:

Appellants Thevis and Peachtree News Company, Inc. were charged in a twelve-count indictment with transporting obscene material by common carrier in interstate commerce, in violation of 18 U.S.C.A. § 1462.1 Jury trial was waived. The subject matter of each count was a particular magazine and appellants...

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