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UNITED STATES v. A MOTION PICTURE FILM — "PATTERN OF EVIL"

No. 69 Civ. 2157.

304 F.Supp. 197 (1969)

UNITED STATES of America, Plaintiff, v. A MOTION PICTURE FILM ENTITLED "PATTERN OF EVIL" (35 mm., Color, 4 Reels, 6400 Ft., English Dialogue Soundtrack), Defendant.

United States District Court S. D. New York.

September 2, 1969.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., for plaintiff; by Richard S. Toder, and Peter R. De Filippi, New York City, of counsel.

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

OPINION

POLLACK, District Judge.

The Motion

Claimant is moving to dismiss the complaint in a forfeiture proceeding brought by the United States against the film "Pattern of Evil" under § 305 of the Tariff Act, 19 U.S.C. § 1305 (1964). The claimant seeks dismissal on several grounds, inter alia:

1. Section 305 is unconstitutional on its face in that the terms "obscene" and "immoral" are vague; the statute effects...

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