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UNITED STATES v. WOMACK

Nos. 71-1711, 71-1894.

509 F.2d 368 (1974)

UNITED STATES of America v. Herman L. WOMACK, Appellant. UNITED STATES of America v. POTOMAC NEWS COMPANY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 7, 1972.

Supplemental Opinion December 31, 1974.

Rehearing Denied January 31, 1975.

Attorney(s) appearing for the Case

Mr. Stanley M. Dietz, Washington, D. C., for appellants.

Mr. Robert D. Zsalman, Asst. U. S. Atty., with whom Messrs. Harold H. Titus, Jr., U. S. Atty., John A. Terry and Donald E. Campbell, Asst. U. S. Attys., were on the brief, for appellee. Mr. Richard A. Hibey, Asst. U. S. Atty., at the time the record was filed, also entered an appearance for appellee. Mr. Thomas A. Flannery, U. S. Atty., at the time the record was filed, also entered an appearance for appellee in No. 71-1894.

Before TAMM, Circuit Judge, WADE H. McCREE, Jr., Circuit Judge for the Sixth Circuit, and MacKINNON, Circuit Judge.

MacKINNON, Circuit Judge:

Appellants Womack and Potomac News, Co., Inc. were indicted on twenty counts of interstate transportation of obscene matter in violation of 18 U.S.C. § 14621 and three counts of mailing nonmailable matter and information stating how and where obscene materials were to be obtained, in violation of 18 U.S.C. § 1461.2 A jury trial resulted...

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