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MILLER v. UNITED STATES

No. 23935.

431 F.2d 655 (1970)

Marvin MILLER, Covina Publishing, Inc., a corporation doing business as Collector's Publications, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 26, 1970.

Attorney(s) appearing for the Case

Burton Marks (argued), of Marks, Sherman & London, Los Angeles, Cal., for appellants.

Edward J. Wallin (argued), Ass't. U. S. Atty., Wm. Matthew Byrne, U. S. Atty., Robert L. Brosio, Chief, Criminal Division, Los Angeles, Cal., for appellee.

Before BARNES, KILKENNY and TRASK, Circuit Judges.

TRASK, Circuit Judge:

Marvin Miller and Covina Publishing, Inc., a corporation controlled by Miller and doing business as Collector's Publications, bring this appeal from their convictions at jury trial for having mailed obscene matter in violation of 18 U.S.C. § 1461 and for having transported obscene matter in interstate commerce in violation of 18 U.S.C. § 1462.

A grand jury indicted appellants on twenty-one counts of violating sections 1461 and...

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