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AMATO v. DIVINE

Nos. 72-C-281, 72-C-282.

354 F.Supp. 805 (1973)

Myron M. AMATO, Petitioner, v. Archie H. DIVINE, Jr., Sheriff of Rock County, Wisconsin, Respondent. Jack L. ROCKEY, Petitioner, v. Archie H. DIVINE, Jr., Sheriff of Rock County, Wisconsin, Respondent.

United States District Court, W. D. Wisconsin.

February 22, 1973.

Attorney(s) appearing for the Case

James A. Walrath, Milwaukee, Wis., for petitioners.

Thomas J. Balistreri, Asst. Atty. Gen., Madison, Wis., for respondent.

OPINION and ORDER

JAMES E. DOYLE, District Judge.

These are two petitions for writs of habeas corpus by petitioners convicted in a state court for the sale of obscene materials. Among the contentions which petitioners advance in support of the petition is that the materials for which they were convicted are, as a matter of law, not obscene. In support of this argument petitioners have submitted as evidence four magazines which the Supreme Court has held...

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