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UNITED STATES v. MARKS

Nos. 74-1531 to 74-1535.

520 F.2d 913 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Stanley MARKS, d/b/a Cinema X Theatre, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. AMERICAN AMUSEMENT COMPANY, INC., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Guy WEIR, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Harry MOHNEY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. AMERICAN NEWS COMPANY, INC., a/k/a American News Distributing Co., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

July 30, 1975.

Attorney(s) appearing for the Case

Andrew B. Dennison, Brown, Dennison & Klayman, Cincinnati, Ohio, for Marks.

Eugene E. Siler, Jr., U. S. Atty., Louis DeFalaise, Sp. Asst. U. S. Atty., Lexington, Ky., for U. S. in all cases.

Robert Eugene Smith, Gilbert H. Deitch, Atlanta, Ga., for Mohney, Weir and American Amusement Co., Inc.

Theodore G. Albert, Ironwood, Mich., for American News Co., Inc.

Before WEICK, McCREE and ENGEL, Circuit Judges.

WEICK, Circuit Judge.

The defendants were charged in a nine-count indictment with eight substantive offenses of transporting in interstate commerce from various states to Newport, Kentucky, copies of obscene, lewd, lascivious and filthy films and film previews for the purpose of sale and distribution, in violation of 18 U.S.C. § 1465, and in the ninth count with a conspiracy in violation of 18 U.S.C. § 371.

All of the defendants were acquitted by...

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