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UNITED STATES v. VARIOUS ARTICLES, ETC.

No. 1044, Docket 82-6016.

678 F.2d 433 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. VARIOUS ARTICLES OF OBSCENE MERCHANDISE, SCHEDULE NO. 2102, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 10, 1982.

Attorney(s) appearing for the Case

Janis P. Farrell, Asst. U. S. Atty., S. D. N. Y., New York City (John S. Martin, Jr., U. S. Atty., S. D. N. Y., Stuart M. Bernstein, Peter C. Salerno, Asst. U. S. Attys., S. D. N. Y., New York City, of counsel), for the United States.

Before WATERMAN, FRIENDLY and MESKILL, Circuit Judges.

PER CURIAM:

The United States appeals from a judgment of the United States District Court for the Southern District of New York, Sweet, J., holding that various articles of merchandise were not obscene within the meaning of 19 U.S.C. § 1305(a) (1976 & Supp. IV 1980) and dismissing the government's complaint. For reasons that follow, we reverse and remand to the district court for further proceedings.

This action, commenced on August 26, 1981, sought...

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