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G. I. DISTRIBUTORS, INC. v. MURPHY

No. 3, Docket 72-1208.

469 F.2d 752 (1972)

G. I. DISTRIBUTORS, INC., et al., Plaintiffs-Appellees, v. Patrick MURPHY, individually and in his capacity as Police Commissioner of New York City, Defendant, Frank S. Hogan, individually and in his capacity as District Attorney of New York County, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 14, 1972.

Attorney(s) appearing for the Case

Hugh Anthony Levine, Asst. Dist. Atty., New York County (Frank S. Hogan, Dist. Atty., and Michael R. Juviler, Asst. Dist. Atty., on the brief), for defendant-appellant.

Herald Price Fahringer, Jr., Buffalo, N. Y. (Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y., on the brief), for plaintiffs-appellees.

Before FRIENDLY, Chief Judge, and LUMBARD and FEINBERG, Circuit Judges.

LUMBARD, Circuit Judge:

The District Attorney of New York County1 appeals from part of an order of the Southern District of New York, 336 F.Supp. 1036, which requires him to return to the appellees 19,000 magazines which had been seized less than 18 hours prior to an adversary hearing on their obscenity. At the hearing which was held the following morning Judge Moldow of the New York City Criminal...

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