UNITED STATES v. BROWN

No. 67 Cr. 584.

274 F.Supp. 561 (1967)

UNITED STATES of America. v. Robert BROWN, Defendant.

United States District Court S. D. New York.

October 18, 1967.


Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., for the Southern District of New York by Terry F. Lenzner, Asst. U. S. Atty., for the United States.

Lipsitz, Green, Fahringer, Roll, Schuller & James, by Herald Price Fahringer, Buffalo, N. Y., for defendant.


OPINION

TYLER, District Judge.

This is a motion by defendant Robert Brown for an order under Rule 41(e) of the Federal Rules of Criminal Procedure directing suppression and return of 419 cartons of magazines and other materials alleged to be obscene. For reasons to be discussed hereinafter, defendant's motion is granted.

Brown is the sole owner of the Overstock Book Co., Inc. in midtown New York, where the seizure took place on June 23, 1967. The...

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