UNITED STATES v. VARIOUS ARTICLES OF MERCHANDISE

Nos. 83-1911, 83-1943.

750 F.2d 596 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. VARIOUS ARTICLES OF MERCHANDISE, SEIZURE NO. 170, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. VARIOUS ARTICLES OF MERCHANDISE, SEIZURE NO. 182, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 10, 1984.


Attorney(s) appearing for the Case

Patrice Scully, Asst. U.S. Atty., Dan K. Webb, U.S. Atty., Chicago, Ill., for plaintiff.

Before CUMMINGS, Chief Judge, CUDAHY and FLAUM, Circuit Judges.


CUDAHY, Circuit Judge.

The government appeals an order of the district court holding that four magazines are not obscene and therefore not subject to seizure from the international mails. The seizure took place in Chicago. The district court held that these works were not patently offensive to the average person in the relevant community because of the wide availability of similar works throughout the City of Chicago. We vacate the district court's order and remand...

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