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UNITED STATES v. ARTICLES OF "OBSCENE" MERCHANDISE

No. 68-Civ.-2972.

315 F.Supp. 191 (1970)

UNITED STATES of America et al., Plaintiffs, v. Various ARTICLES OF "OBSCENE" MERCHANDISE More Fully Described in Schedule No. 494 of 1965-1970, Series, Defendants and Counterclaimants.

United States District Court, S. D. New York.

June 8, 1970.

Attorney(s) appearing for the Case

Fred Cherry, Santurce, Puerto Rico, pro se.

Peter Alan Herbert, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, Richard S. Toder, Asst. U. S. Atty., New York City, of counsel), for plaintiffs.

Melvin L. Wulf and Joel M. Gora, for the American Civil Liberties Union and the New York Civil Liberties Union, respectively, as amici curiae.

Before MOORE, Circuit Judge and CANNELLA and FRANKEL, District Judges.

MOORE, Circuit Judge.

This is an action brought by the United States pursuant to section 305 of the Tariff Act of 1930, 19 U.S.C. § 1305, for the forfeiture of certain obscene material addressed to Fred Cherry (claimant) and seized by the government upon its entry into the United States at the port of New York. On the motion of Mr. Cherry and with the consent of the government, this three-judge court was convened for the purpose of considering the constitutional...

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