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UNITED STATES v. THEVIS

No. 72-2664.

490 F.2d 76 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Michael G. THEVIS, Gary Van Gundy and Rivergate News Agency, Inc., 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., for Thevis.

Ronald Tanet, New Orleans, La., Robert Eugene Smith, Towson, Md., for Van Gundy and Rivergate News.

Stanley Fleishman, Hollywood, Cal., for defendants-appellants.

Gerald J. Gallinghouse, U. S. Atty., Michael H. Ellis, Mary Williams Cazalas, 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...

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