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UNITED STATES v. CHRISTIAN

No. 76-1616.

549 F.2d 1369 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Eldon Raybourne CHRISTIAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided February 22, 1977.

Attorney(s) appearing for the Case

David L. Russell, U.S. Atty., Oklahoma City, Okl., for plaintiff-appellee.

Herbert S. Kassner, Kassner & Detsky, New York City, for defendant-appellant.

Before PICKETT, SETH and DOYLE, Circuit Judges.

PICKETT, Circuit Judge.

This appeal presents the question of the validity of a warrant for the search and seizure of a motion picture film being shown to the public in Oklahoma City, Oklahoma, and alleged to be obscene. On February 26, 1975, the film in question was seized by Oklahoma City police in the execution of a search warrant issued by a state district judge upon the application of an Oklahoma City police officer. In a criminal prosecution against the theater...

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