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UNITED STATES v. NEW ORLEANS BOOK MART, INC.

No. 71-2594.

490 F.2d 73 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. NEW ORLEANS BOOK MART, INC., Frederick Eno-Mayhew Lund, Michael George Thevis and Robert Mitchum, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 3, 1974.

Attorney(s) appearing for the Case

Michael Silvers, New Orleans, La., J. M. Ausburn, San Antonio, Tex., Stanley Fleishman, Hollywood, Cal., Robert Eugene Smith, Atlanta, Ga., for defendants-appellants.

Gerald J. Gallinghouse, U. S. Atty., Michael H. Ellis, Mary Williams Cazales, Asst. U. S. Attys., New Orleans, La., for plaintiff-appellee.

Before TUTTLE, GEWIN and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 3, 1974.

PER CURIAM:

This obscenity case, in conjunction with two others being decided today by this panel,1 arises from convictions obtained prior to the "Miller quintet" and our recent decisions in light thereof.2 The appeals were held pending the Supreme Court's disposition of Miller. Virtually every point made on this appeal is now controlled...

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