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FLYING EAGLE PUBLICATIONS, INC. v. UNITED STATES

No. 5720.

285 F.2d 307 (1961)

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

United States Court of Appeals First Circuit.

January 10, 1961.

Attorney(s) appearing for the Case

Wesley E. Whitney, Concord, N. H., with whom Upton, Sanders & Upton, Concord, N. H., was on brief, for appellant.

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.

ALDRICH, Circuit Judge.

The indictment in this case charged the defendant corporation, a magazine publisher, and three individual members of its staff, with mailing nonmailable matter, to wit, an "obscene, lewd, lascivious, indecent, filthy or vile" magazine. 18 U.S.C. § 1461. At the first trial the corporate defendant and one individual were convicted, and the other two individuals acquitted. On appeal, 1 Cir., 1960...

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