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UNITED STATES v. THEVIS

No. 75-1168.

526 F.2d 989 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Michael G. THEVIS, the Book Bin, Inc., and Pendulum Books, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 3, 1976.

Attorney(s) appearing for the Case

Gilbert H. Deitch, Michael Clutter, Atlanta, Ga., for Thevis.

Robert Eugene Smith, Atlanta, Ga., for The Book Bin & Pendulum Books, Inc.

John W. Stokes, U.S. Atty., Jerome J. Froelich, Jr., Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before BELL, THORNBERRY and MORGAN, Circuit Judges.

BELL, Circuit Judge.

Appellant Thevis, The Book Bin, Inc., and Pendulum Books, Inc., were convicted on numerous counts of violating 18 U.S.C.A. § 1461 which prohibits the mailing of obscene matter.1 The subject matter of each count of the indictment involved particular magazines, books, or advertising circulars. Each of the advertising circulars promoted the sale of at least one of the books or magazines charged in other counts of...

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