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HUFFMAN v. UNITED STATES

Nos. 23781, 23782.

470 F.2d 386 (1971)

Vernon Walker HUFFMAN, Appellant, v. UNITED STATES, Appellee. Dennis Eugene PRYBA, Appellant, v. UNITED STATES, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 7, 1971.

On Rehearing August 10, 1972.

Attorney(s) appearing for the Case

Mr. Stanley M. Dietz, Washington, D. C., for appellants.

Mr. John O'B. Clarke, Jr., Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Gene S. Anderson, Asst. U. S. Attys. were on the brief, for appellee.

Before BAZELON, Chief Judge, and LEVENTHAL and MacKINNON, Circuit Judges.

LEVENTHAL, Circuit Judge:

These are appeals from judgments1 entered on convictions of several counts relating to violation of the indecent publications statute, 22 D.C.Code § 2001.2 Appellants contend that an adversary hearing should have been held prior to the seizure of the alleged obscene materials, and that the issue of obscenity was tried on the basis of...

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