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UNITED STATES v. ONE BOOK, ENTITLED "CONTRACEPTION"

51 F.2d 525 (1931)

UNITED STATES v. ONE BOOK, ENTITLED "CONTRACEPTION," by MARIE C. STOPES.

District Court, S. D. New York.

July 16, 1931.

Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (Morton Baum, of New York City, of counsel; and Walter R. Eaton, of New York City, solicitor to the Collector of the Port of New York, as amicus curiæ), in support of the motion for a decree of forfeiture.

Greenbaum, Wolff & Ernst, of New York City (Alexander Lindey, of New York City, of counsel), in support of motion for a decree dismissing the libel.

WOOLSEY, District Judge.

The motion to dismiss the libel herein is granted.

The motion for a decree of forfeiture is, consequently, denied.

I. This is a libel in rem brought under title 19, U. S. C., § 1305 (19 USCA § 1305), for the forfeiture of the book "Contraception," written by Dr. Marie C. Stopes, on the ground that it falls within the exclusion of that statute.

II. At the time of the argument the counsel for the respective...

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