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UNITED STATES v. PEACHTREE NATIONAL DISTRIBUTORS

No. 71-2092.

456 F.2d 442 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. PEACHTREE NATIONAL DISTRIBUTORS et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 7, 1972.

Attorney(s) appearing for the Case

J. Mack Ausburn, San Antonio, Tex., Robert Eugene Smith, Towson, Md., for defendants-appellants; D. Freeman Hutton, Atlanta, Ga., of counsel.

Seagal V. Wheatley, U. S. Atty., Jeremiah Handy, Asst. U. S. Atty., San Antonio, Tex., Donald H. Feige, Atty., Dept. of Justice, Washington, D. C., William S. Sessions, U. S. Atty., William C. McCorriston, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

GEWIN, Circuit Judge:

On March 20, 1971, an officer of the Texas Department of Public Safety, License and Weight Services, who was inspecting bills of lading and other required transport documents, stopped a large tractor-trailer on Interstate Highway No. 20 near Odessa, Texas. During a routine inspection he discovered that the trailer contained what he considered to be "obscene" books rather than oil well parts as shown on the bill of lading. The driver was then...

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