UNITED STATES v. NICHOLAS

Nos. 289, 290.

97 F.2d 510 (1938)

UNITED STATES v. NICHOLAS. SAME v. HIMES.

Circuit Court of Appeals, Second Circuit.

June 13, 1938.


Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., and George B. Schoonmaker, Asst. U. S. Atty., both of New York City.

Greenbaum, Wolff & Ernst, of New York City (Morris L. Ernst, Alexander Lindey, and Harriet F. Pilpel, all of New York City, of counsel), for appellees.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

These are appeals from two decrees, dismissing libels of information against a book and certain copies of a magazine, all of which "represent" that articles described in them can be used to prevent conception (§ 211, Criminal Code, 18 U.S.C.A. § 334), and give information "where, how, or of whom" such articles "may be obtained" (§ 245, Criminal Code, 18 U.S.C.A. § 396). The publications came from abroad through the mails...

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