UNITED STATES v. 392 COPIES OF MAGAZINE ENTITLED "EXCLUSIVE"

No. 10600.

373 F.2d 633 (1967)

UNITED STATES of America, Appellee, v. Claimant (Central Magazine Sales, Ltd.) of 392 COPIES OF a MAGAZINE ENTITLED "EXCLUSIVE," 3600 copies of a magazine entitled "Revue International," Vol. 6, and 1000 copies of a magazine entitled "International Nudist Sun," Vol. 16, Appellant.

United States Court of Appeals Fourth Circuit.

Decided February 16, 1967.


Attorney(s) appearing for the Case

Herald Price Fahringer, Buffalo, N. Y. (Robert Eugene Smith, Baltimore, Md., on brief), for appellant.

Fred Kelly Grant, Asst. U. S. Atty. (Thomas J. Kenney, U. S. Atty., and Arthur G. Murphy, First Asst. U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BOREMAN, Circuit Judges.


HAYNSWORTH, Chief Judge:

The question for decision is the propriety of the seizure and destruction, under a judicial decree, of magazines containing collections of pictures of undressed men and women. The claimant, which sought to import the magazines into this country, has appealed, contesting the constitutionality of the governing statute, 19 U.S.C.A. § 1305, and the finding of obscenity. We affirm.

On February 3, 1966, 3600 copies of Revue International...

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