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UNITED STATES v. OBSCENE MAGAZINES, FILM AND CARDS

Nos. 75-1279, 75-1290.

541 F.2d 810 (1976)

UNITED STATES of America, Plaintiff and Appellant, v. OBSCENE MAGAZINES, FILM AND CARDS, Defendant, Michael Mahr, Claimant and Appellee. UNITED STATES of America, Plaintiff and Appellant, v. THIRTY-SEVEN (37) PHOTOGRAPHS, Defendant, Milton Luros, Claimant and Appellee.

United States Court of Appeals, Ninth Circuit.

August 9, 1976.

Attorney(s) appearing for the Case

James R. Dooley, Asst. U.S. Atty. (argued), Los Angeles, Cal., for plaintiff and appellant.

Stanley Fleishman (argued), of Fleishman, McDaniel, Brown & Weston, Beverly Hills, Cal., for claimants and appellees.

Before SMITH, TRASK, and GOODWIN, Circuit Judges.

GOODWIN, Circuit Judge:

We affirm the denial of forfeiture in these two in rem obscenity forfeiture proceedings which were tried to the court without a jury. The government has appealed, and the appeals have been combined.

While the exhibits differ from each other, all depict human bodies, or parts thereof, in various postures of reproductive or erotic behavior. Some, if not all, of the exhibits probably would...

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