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UNITED STATES v. GRONER

No. 71-1091.

475 F.2d 550 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. William GRONER, d/b/a Lucky Distributors, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted March 28, 1972.

Attorney(s) appearing for the Case

Mel S. Friedman, W. B. (Bennie) Housen, Jr., of Maley & Friedman, Will Gray, Houston, Tex., for defendant-appellant.

Eldon B. Mahon, U. S. Atty., Wm. F. Sanderson, Jr., Asst. U. S. Atty., Dallas, Tex., Frank D. McCown, Asst. U. S. Atty., Fort Worth, Tex., for plaintiff-appellee; Henry E. Petersen, Asst. Atty. Gen., Larry E. Butcher, Atty. Dept. of Justice, Washington, D. C., of counsel.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

Rehearing En Banc Granted March 28, 1972.

THORNBERRY, Circuit Judge:

This is an appeal from the conviction of William Groner on an indictment charging him with two counts of knowingly using a common carrier in interstate commerce to transport a quantity of obscene books, in violation of Title 18, U.S.C.A., Section 1462.1

Groner alleges numerous errors in the district court's judgment. We find it necessary to discuss only...

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