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UNITED STATES v. ARNO

No. 71-2584.

463 F.2d 731 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Norman ARNO, dba Beneficial Sales, dba Security Sales Co., dba C & A Sales, dba N & A, dba Social, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 5, 1972.

Attorney(s) appearing for the Case

Jonathan Bailey Lappen (argued), of Lappen & Abelson, Beverly Hills, Cal., for defendant-appellant.

John L. Murphy (argued), Larry E. Butcher, Henry E. Peterson, Asst. Attys. Gen., Washington, D. C., Richard K. Burke, U. S. Atty., Morton Sitver, Asst. U. S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before CHAMBERS, ELY and GOODWIN, Circuit Judges.

PER CURIAM:

Norman Arno appeals from a conviction for mailing obscene matter in violation of 18 U.S.C. § 1461.

The government offered in evidence advertisements and magazines, playing cards, books, and movies which the indictment charged Arno with mailing.

The exhibits include the usual tasteless photographs of external human reproductive organs, but none appears to be any more offensive than those previously found not obscene by the Supreme Court...

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