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UNITED STATES v. CANGIANO

Nos. 592-4, 618-19, Docket 71-2104-8.

464 F.2d 320 (1972)

UNITED STATES of America, Appellee, v. Frank CANGIANO et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided June 26, 1972.

Attorney(s) appearing for the Case

Philip Vitello, New York City (Joseph L. Belvedere, Brooklyn, N.Y., and Henry J. Boitel, New York City, on the brief), for appellants Frank Cangiano, Cosmo Cangiano and Dominick Ariale.

Philip Brown, Brooklyn, N.Y., for appellants Thomas Gambardella and Anthony DeRamo.

James A. Pascarella and Ronald De-Petris, Asst. U. S. Attys., Brooklyn, N. Y. (Robert A. Morse, U. S. Atty., and David G. Trager, Asst. U. S. Atty., Brooklyn, N.Y., on the brief), for appellee.

Before FRIENDLY, Chief Judge, TIMBERS, Circuit Judge, and JAMESON, District Judge.

TIMBERS, Circuit Judge:

These appeals call upon us to decide difficult questions under the First and Fourth Amendments arising in the context of a prosecution for transporting obscene materials in interstate commerce for the purpose of sale.

Appellants Frank Cangiano, Cosmo Cangiano, Ariale, Gambardella and De-Ramo appeal from judgments of conviction entered after a twelve day jury trial in the District Court for the Eastern District of New York, Jacob Mishler...

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