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UNITED STATES v. PINKUS

No. 76-1393.

579 F.2d 1174 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. William PINKUS, doing business as "Rosslyn News Company" and "Kamera," Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 11, 1978.

Attorney(s) appearing for the Case

Bernard A. Berkman (argued), Beverly Hills, Cal., for defendant-appellant.

George C. King (argued), Los Angeles, Cal., for plaintiff-appellee.

Before WRIGHT and WALLACE, Circuit Judges, and ORRICK, District Judge.

EUGENE A. WRIGHT, Circuit Judge.

Following the issuance of this court's opinion on April 7, 1977, we directed that issuance of the mandate be stayed pending timely application for a writ of certiorari. The writ was granted and the Supreme Court reversed and remanded, holding the jury instructions improper insofar as they permitted children to be included in the community by whose standards obscenity was to be judged. Pinkus, d/b/a "Rosslyn News Company" and "Kamera...

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