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UNITED STATES v. NEW BUFFALO AMUSEMENT CORP.

No. 444, Docket 78-1317.

600 F.2d 368 (1979)

UNITED STATES of America, Appellee, v. NEW BUFFALO AMUSEMENT CORP., Aquarius Releasing, Inc., and Terry Levene, Appellants.

United States Court of Appeals, Second Circuit.

Decided May 22, 1979.

Attorney(s) appearing for the Case

Alan M. Dershowitz, Cambridge, Mass., and Jeanne Baker, Cambridge, Mass. (Rosenberg, Baker & Fine, Cambridge, Mass., on brief), for appellants.

Roger P. Williams, Asst. U. S. Atty., Buffalo, N. Y., Richard J. Arcara, U. S. Atty. for the Western District of New York, Buffalo, N. Y., for appellee.

Before MANSFIELD and OAKES, Circuit Judges, and BARTELS, District Judge.

BARTELS, District Judge:

Appellant Levene owns and operates several corporations which produce, distribute, and exhibit motion pictures. Appellant Aquarius Releasing, Inc. ("Aquarius"), an entertainment corporation of which Levene is sole stockholder and president, acquired and produced the allegedly obscene film involved here entitled "Belinda." The other corporate appellant, New Buffalo Amusement Corp. ("New Buffalo"), is a subsidiary of Loew's Theatres, Inc., and...

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