UNITED STATES v. CENTRAL MAGAZINE SALES, LTD.

Nos. 10897, 11203, 11225, 11226, 11275.

381 F.2d 821 (1967)

UNITED STATES of America, Appellant, v. CENTRAL MAGAZINE SALES, LTD., Claimant of a shipment of 25,000 magazines entitled "Revue," "Studio," "Play Girl," "Bazaar," "Charme," and "Lotus," Appellee. UNITED STATES of America, Appellant, v. RELIABLE SALES COMPANY, Claimant of 1,890 copies of Magazines, including 990 copies of the Magazine entitled: "Croquis" Nos. 73, 77, 78, 79, 80; 300 copies of Magazine entitled "Forms in Color Magazine" Nos. 1, 5 and 6; 200 copies of Magazine entitled "Bazaar" Nos. 6 and 14; 300 copies of Magazine entitled "Revue Magazine" Nos. 45, 46 and 59; and 100 copies of a Magazine entitled "Studio Magazine" No. 48, Appellee. UNITED STATES of America, Appellant, v. A shipment of 3,600 COPIES OF MAGAZINES ENTITLED "CHARME," ET AL., Appellee. UNITED STATES of America, Appellant, v. A shipment of 944 COPIES OF MAGAZINES ENTITLED "ALBUM TEENAGER NUDISTS," NO. 1, ET AL., Appellee. UNITED STATES of America, Appellant, v. 60,000 COPIES OF MAGAZINES, including 20,000 copies of a magazine ENTITLED "FORMS IN COLOR" VOL. 1, NO. 2, ET AL., Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 7, 1967.


Attorney(s) appearing for the Case

Thomas J. Kenney, U. S. Atty. (Arthur G. Murphy, First Asst. U. S. Atty., Clarence E. Goetz, Asst. U. S. Atty., and Fred Kelly Grant, former Asst. U. S. Atty., on brief), for appellant.

Norman N. Yankellow, Baltimore, Md. (Joseph Rosenthal, Baltimore, Md., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF, BOREMAN, BRYAN, WINTER and CRAVEN, Circuit Judges, sitting en banc.


PER CURIAM:

The United States has appealed from several orders of the District Court of Maryland finding a number of picture magazines not obscene.1 The Government's position essentially is that any collection of photographs of nudes is obscene, if, in some of the pictures, the pubic area of the model is exposed. We think obscenity cannot be determined on such a per se basis, and we affirm the conclusion of the District Court that these...

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