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STEINER v. HOCKE

Misc. Nos. 895, 896.

272 F.2d 384 (1959)

Harold R. STEINER, Appellant, v. Theodore HOCKE, United States Commissioner for the Southern District of California, Central Division, and Robert W. Ware, United States Marshal for the Southern District of California, Appellees. James S. FREW, Appellant, v. Theodore HOCKE, United States Commissioner for the Southern District of California, Central Division, and Robert W. Ware, United States Marshal for the Southern District of California, Appellees.

United States Court of Appeals Ninth Circuit.

November 5, 1959.

Attorney(s) appearing for the Case

Brock, Fleishman & Rykoff, Hollywood, Cal., for appellants.

Laughlin E. Waters, U. S. Atty., Richard A. Lavine, Jordan A. Dreifus, Asst. U. S. Attys., Los Angeles, Cal., for appellees.

Before POPE, HAMLEY and KOELSCH, Circuit Judges.

PER CURIAM.

The appellants have each been indicted in the United States District Court for the Eastern District of Michigan for allegedly mailing circulars in violation of the "Obscene Mail Statute", 18 U.S.C.A. §§ 1461 and 1462 as amended August 28, 1958. They were arrested upon these indictments at their residences in the Southern District of California where proceedings for their removal were instituted before the United States Commissioner. Thereupon...

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