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FLYING EAGLE PUBLICATIONS, INC. v. UNITED STATES

Nos. 5482, 5483.

273 F.2d 799 (1960)

FLYING EAGLE PUBLICATIONS, INC., Defendant, Appellant, v. UNITED STATES of America, Appellee. Michael ST. JOHN, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

January 21, 1960.

Attorney(s) appearing for the Case

John H. Sanders, Concord, N. H., with whom Upton, Sanders & Upton, Concord, N. H., was on brief, for appellants.

Alexander J. Kalinski, Asst. U. S. Atty., Manchester, N. H., with whom Maurice P. Bois, U. S. Atty., Concord, N. H., was on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

WOODBURY, Chief Judge.

A grand jury in the court below charged that these appellants and two other individuals, in violation of Title 18 U.S. C. § 1461, "on or about or between January 29, February 1, February 6, and February 14, 1957, at Concord in the State and District of New Hampshire * * * did knowingly deposit for mailing or delivery copies of the April, 1957, issue of a publication entitled `Manhunt' containing obscene, lewd, lascivious, filthy or indecent...

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