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ROTH v. GOLDMAN

No. 152, Docket 21210.

172 F.2d 788 (1949)

ROTH v. GOLDMAN.

United States Court of Appeals Second Circuit.

February 8, 1949.

Attorney(s) appearing for the Case

Harry Rappaport, of New York City, for plaintiff-appellant.

Harold J. Raby, Asst. U. S. Atty., of New York City (John F. X. McGohey, U. S. Atty., of New York City, on the brief), for defendant-appellee.

Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.

PER CURIAM.

This injunction action serves to bring up for review the validity of five orders of the Postmaster General, entered after administrative proceedings and hearings, excluding from the mails three books published by plaintiff under various trade names. The vagaries of censorship are perhaps suggested by the fact that only one of these books was excluded as "obscene, lewd, or lascivious," 18 U.S.C.A. §§ 334, 339 [now §§ 1461, 1342], 39...

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