WAGNER v. SIMON

No. 75-1693.

534 F.2d 833 (1976)

Gale E. WAGNER, Appellant, v. William E. SIMON, Secretary, Treasury of the United States, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 29, 1976.


Attorney(s) appearing for the Case

Arthur A. Benson, II, Kansas City, Mo., for appellant.

Mark N. Mutterperl, Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., for appellee; Rex E. Lee, Asst. Atty. Gen., Washington, D. C., and Bert C. Hurn, U. S. Atty., Kansas City, Mo., on the briefs.

Before VOGEL and VAN OOSTERHOUT, Senior Circuit Judges, and BRIGHT, Circuit Judge.


VOGEL, Senior Circuit Judge.

Appellant appeals from an adverse decision in a declaratory judgment action brought in the District Court for the Western District of Missouri, Judge Collinson presiding. Appellant had sought a determination of whether his photographic reproduction of a Federal Reserve Note for artistic purposes falls within the prohibitive scope of 18 U.S.C. § 474 (1970) of the Counterfeiting and Forgery Statute, and whether, if so, the statute infringes...

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