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UNITED STATES v. MIDDLETON

No. 78-3149.

599 F.2d 1349 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Joseph MIDDLETON, Mastermind Productions, Bondi Walters, Variety Films, Inc., Jaco Productions, Leroy Charles Griffith, George Edward Luther, Paris Follies, Inc., BGNO, Inc. and Leroy Griffith Enterprises, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 31, 1979.

Attorney(s) appearing for the Case

John P. Volz, U. S. Atty., Robert J. Boitmann, Asst. U. S. Atty., New Orleans, La., for the U. S.

Charles E. Morris, Jr., Biloxi, Miss., for JACO Productions.

Louis B. Merhige, Michael Silvers, New Orleans, La., Elliott J. Abelson, Beverly Hills, Cal., for Charles Griffith, George Edward Luther and Paris Follies.

F. Irvin Dymond, Edward J. Castaing, Jr., New Orleans, La., for Joseph Middleton and Mastermind Productions.

Herbert S. Kassner, New York City, Wayne H. Carlton, Jr., New Orleans, La., for Bondi Walters and Variety Films.

Before GOLDBERG, AINSWORTH and KRAVITCH, Circuit Judges.

AINSWORTH, Circuit Judge:

This is a prosecution for interstate transportation of the allegedly obscene motion picture "Illusions of a Lady." The indictment charged various defendants1 with one count of knowingly using a common carrier to ship an obscene film interstate, in violation of 18 U.S.C. §§ 1462 and 2;2 one count of knowingly receiving from a common carrier an obscene film that had been transported...

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