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UNITED STATES v. THIRTY-SEVEN (37) PHOTOGRAPHS

Civ. No. 69-2242-F.

309 F.Supp. 36 (1970)

UNITED STATES of America, Plaintiff, v. THIRTY-SEVEN (37) PHOTOGRAPHS, Defendants, Milton Luros, Claimant.

United States District Court C. D. California.

January 27, 1970.

Attorney(s) appearing for the Case

Wm. Matthew Byrne, Jr., U. S. Atty., Frederick M. Brosio, Jr., Larry L. Dier, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff.

Stanley Fleishman, Hollywood, Cal., for defendants and claimant.

Before BARNES, Circuit Judge, and CURTIS and FERGUSON, District Judges.

MEMORANDUM OPINION

FERGUSON, District Judge.

This is an action before a three-judge district court, convened pursuant to 28 U.S.C. §§ 2282 and 2284, to determine whether the government should be enjoined from enforcing 19 U.S.C. § 1305. That statute prohibits all persons from importing into the United States any obscene picture or book. It provides that when such an item appears at a customs office it shall be seized and held to await the...

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