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U.S. v. VARIOUS ARTICLES OF OBSCENE MERCHANDISE

80 Civ. 3433 (CBM), 80 Civ. 4476 (CBM).

514 F.Supp. 463 (1981)

UNITED STATES of America, Plaintiff, v. VARIOUS ARTICLES OF OBSCENE MERCHANDISE, SCHEDULE NO. 1995, Defendant in Rem. UNITED STATES of America, Plaintiff, v. VARIOUS ARTICLES OF OBSCENE MERCHANDISE, SCHEDULE NO. 2009, Defendant in Rem.

United States District Court, S. D. New York.

May 14, 1981.

Attorney(s) appearing for the Case

John S. Martin, Jr., U. S. Atty., S. D. N. Y. by Susan M. Campbell, Asst. U. S. Atty., New York City, for plaintiff.

Robert A. Roth, New York City, for claimants.

MEMORANDUM OPINION

MOTLEY, District Judge.

This action, which began as an ordinary suit by the United States for the forfeiture of allegedly obscene magazines, raises several interesting and complex issues regarding the right to sue the United States and its agents for redress of constitutional violations, by virtue of the counterclaim and proposed third-party action brought by several of the addressees of the seized magazines. These addressees, the Claimants...

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