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U.S. v. VARIOUS ARTICLES OF OBSCENE MERCHANDISE

No. 1064, Docket 82-6334.

709 F.2d 132 (1983)

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

United States Court of Appeals, Second Circuit.

Decided May 18, 1983.

Attorney(s) appearing for the Case

Janis P. Farrell, Asst. U.S. Atty., New York City (John S. Martin, Jr., U.S. Atty. for the Southern District of New York, Peter C. Salerno, Asst. U.S. Atty., New York City, of counsel), submitted a brief for plaintiff-appellant.

Before MANSFIELD, MESKILL and NEWMAN, Circuit Judges.

MANSFIELD, Circuit Judge:

The government appeals from a judgment of the Southern District of New York, entered by Judge Robert W. Sweet after a hearing,1 upon his opinion holding that various "hard-core" pornographic articles of merchandise (video cassettes and magazines2) seized by the government were not "patently offensive" under contemporary community standards...

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