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ECKSTEIN v. MELSON

No. 93-1051.

18 F.3d 1181 (1994)

Kathleen L. ECKSTEIN, Administratrix of the Estate of Harry J. Eckstein, Jr., Plaintiff-Appellant, v. Kenneth E. MELSON, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 16, 1994.

Attorney(s) appearing for the Case

ARGUED: Victor Michael Glasberg, Victor M. Glasberg & Associates, Alexandria, VA, for appellant. Michael Scott Raab, Civil Division, U.S. Dept. of Justice, Washington, DC, for appellee. ON BRIEF: Jeanne Goldberg, Victor M. Glasberg & Associates; John Kenneth Zwerling, William B. Moffitt, Lisa B. Kemler, Moffitt, Zwerling & Kemler, P.C., Alexandria, VA, for appellant. Stuart E. Schiffer, Acting Asst. Atty. Gen., Kenneth E. Melson, U.S. Atty., Barbara L. Herwig, Civil Division, U.S. Dept. of Justice, Washington, DC, for appellee.

Before NIEMEYER, Circuit Judge, CHAPMAN, Senior Circuit Judge, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

FRANK A. KAUFMAN, Senior District Judge:

Kathleen Eckstein, plaintiff-appellant in the within case, appeals from the dismissal of certain of her claims pursuant to Fed. R.Civ.P. 12(b)(6) by U.S. District Judge T.S. Ellis, III. Eckstein alleges that the federal obscenity statute, 18 U.S.C. § 1460 et seq., particularly 18 U.S.C. § 1466, is unconstitutional under the First and Fifth Amendments.1 For the...

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