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MAIZELS v. VAN HOOMISSEN

No. 25562.

429 F.2d 982 (1970)

Sol D. MAIZELS, Appellee, v. George VAN HOOMISSEN, District Attorney for Multnomah County, Oregon, Appellant.

United States Court of Appeals, Ninth Circuit.

September 14, 1970.

Attorney(s) appearing for the Case

Al J. Laue (argued), Asst. Atty. Gen., Lee Johnson, Atty. Gen., Jacob B. Tanzer, Sol. Gen., Salem, Or., for appellant.

Paul R. Meyer (argued) and Marvin S. Nepom (argued), of Kobin & Meyer, Portland, Or., for appellee.

Before CHAMBERS and MERRILL, Circuit Judges, and SWEIGERT, District Judge.

PER CURIAM:

Upon the authority of Demich, Inc. v. Ferdon, 426 F.2d 643 (9th Cir. 1970), the order for the return of the seized films is affirmed.

Since acquiescence with our decision can, we feel, be assumed until the contrary appears, the case is remanded with instructions that the injunction against future seizures be vacated.

CHAMBERS, Circuit Judge (concurring):

This is more dirty pictures business. Obviously...

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