UNITED STATES v. ONE CARTON POSITIVE MOTION PICTURE FILM


248 F.Supp. 373 (1965)

UNITED STATES of America, Libellant, v. ONE CARTON POSITIVE MOTION PICTURE FILM ENTITLED "491" (35 mm. Black & White, 5 Double Reels, 9610 feet, Swedish Soundtrack with English Subtitles), Janus Films, Inc., Claimant.

United States District Court S. D. New York.

August 5, 1965.


Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, for libellant, Arthur S. Olick, Asst. U. S. Atty., of counsel.

Brennan, London & Buttenwieser, New York City, for claimant, Ephraim London, New York City, of counsel.


McLEAN, District Judge.

This is an action pursuant to 19 U.S.C. § 1305 to forfeit and confiscate a motion picture made in Sweden which was seized by the customs authorities after its arrival in this country on the ground that it is obscene. The claimant, the importer of the film, moves for summary judgment.

Claimant first contends that the film is not obscene. In a series of recent decisions, the Supreme Court has defined that word. It has held that to...

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