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UNITED STATES v. ONE REEL OF 35MM COLOR MOTION PIC., ETC.

No. 52, Docket 73-1171.

491 F.2d 956 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. ONE REEL OF 35MM COLOR MOTION PICTURE FILM ENTITLED "SINDERELLA", SHERPIX, INC., Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 11, 1974.

Attorney(s) appearing for the Case

Edmund C. Grainger, Jr., New York City (O'Brien, Raftery, Rosenbloom & Grainger, New York City, on the brief), for claimant-appellant.

Donald B. Nicholson, Atty., U. S. Dept. of Justice, Washington, D. C. (John L. Murphy, Chief, Government Regulations Section, Crim. Div., Dept. of Justice, Robert A. Morse, U. S. Atty., for the Eastern District of New York, Brooklyn, N. Y., and Carl I. Stewart, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

Before MOORE, HAYS and FEINBERG, Circuit Judges.

MOORE, Circuit Judge:

A short color motion picture film entitled "Sinderella" was offered for entry into the United States, was screened for entry by Customs officials and was then seized by them as being in violation of 19 U.S.C. § 1305 which prohibits the importation of obscene material.1 On June 6, 1972, the government filed a complaint in rem to have the film forfeited, confiscated and destroyed. Thereafter, the owner-claimant...

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