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UNITED STATES v. GUNDLACH

Crim. No. 14808.

345 F.Supp. 701 (1972)

UNITED STATES of America v. Herbert L. GUNDLACH, d/b/a Superb Sales and H. & G. Enterprises, d/b/a Adult World Products Co.

United States District Court, M. D. Pennsylvania.

May 3, 1972.

Attorney(s) appearing for the Case

James S. Walker, U. S. Atty., Scranton, Pa., Donald B. Nicholson, U. S. Dept. of Justice, Washington, D. C., for the United States.

Robert Eugene Smith, Towson, Md., D. Freeman Hutton, Atlanta, Ga., J. Thomas Menaker, Harrisburg, Pa., for defendant.

MEMORANDUM OPINION AND ORDER

HERMAN, District Judge.

Defendant Herbert L. Gundlach seeks dismissal of all 32 counts of an indictment charging him with illegal use of the mails to send obscene material, in direct violation of 18 U.S.C. § 1461.1

Essentially the motion to dismiss is built around three contentions: (1) that 18 U.S.C. § 1461 is unconstitutional; (2) that...

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