No. 72-2417. Summary Calendar.

485 F.2d 574 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Robert E. COTE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 9, 1973.

Attorney(s) appearing for the Case

George Grove, Jr., Beverly Hills, Cal., for defendant-appellant.

Frank McCown, U. S. Atty., Alex H. McGlinchey, Asst. U. S. Atty., Fort Worth, Tex., for plaintiff-appellee.

Before BELL, DYER and CLARK, Circuit Judges.


Pursuant to the order of the Supreme Court of the United States dated June 25, 1973 vacating our judgment and remanding this cause to this court, we have made an "independent constitutional judgment on the facts of the case as to whether the material is constitutionally protected", Jacobellis v. Ohio, 378 U.S. 184, 190, 84 S.Ct. 1676, 1679, 12 L.Ed.2d 793 (1964). Furthermore, we have tested the materials under both the standard...

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