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UNITED STATES v. 31 PHOTOGRAPHS, ETC.

156 F.Supp. 350 (1957)

UNITED STATES of America, Libellant, v. 31 PHOTOGRAPHS 4¾" × 7" in size, and various pictures, books and other articles. Institute for Sex Research, Inc. at Indiana University, Claimant.

United States District Court S. D. New York.

October 31, 1957.

Attorney(s) appearing for the Case

Paul W. Williams, U. S. Atty. for Southern District of New York, New York City, Benjamin T. Richards, Jr., Asst. U. S. Atty., New York City, of counsel, for libellant.

Greenbaum, Wolff & Ernst, New York City, Morris L. Ernst, Harriet F. Pilpel, Nancy F. Wechsler, Barry H. Singer, and Morton David Goldberg, New York City, of counsel, for claimant.

Daniel James, New York City, and Hubert Hickam and Jerry P. Belknap, Indianapolis, Ind., Barnes, Hickam, Pantzer & Boyd, Indianapolis, Ind., of counsel, for Trustees of Indiana University, amicus curiae, in support of claimant's motion for summary judgment.

PALMIERI, District Judge.

The United States Attorney has filed a libel under the provisions of § 305 (a) of the Tariff Act of 1930,1 seeking the forfeiture, confiscation, and destruction of certain photographs, books, and other articles which the claimant, Institute for Sex Research, Inc., at Indiana University, seeks to import into the United States. The libel is based upon the allegation that the libelled material

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