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U.S. v. VARIOUS ARTICLES OF MERCHANDISE

No. 00-5124.

230 F.3d 649 (2000)

UNITED STATES of America, v. VARIOUS ARTICLES OF MERCHANDISE, SCHEDULE NO. 287 Alessandra's Smile, Inc., Appellant. Pursuant to Rule 12a.

United States Court of Appeals, Third Circuit.

Filed October 23, 2000.

As Amended December 15, 2000.

Attorney(s) appearing for the Case

Eugene B. Nathanson, (Argued), 305 Broadway, Suite 200 New York, New York 10007, Counsel for Appellant.

Robert J. Cleary, United States Attorney, Steven D'Alessandro, (Argued), Special Assistant U.S. Attorney, Office of the United States Attorney, 970 Broad Street, Room 700 Newark, New Jersey 07102, Counsel for Appellee.

Before: SLOVITER, SCIRICA and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

This appeal concerns 264 nudist magazines that were imported to the United States from France and Germany. The issue on appeal is whether those magazines are obscene and are therefore subject to seizure and forfeiture under 19 U.S.C. § 1305. The District Court found that the magazines were obscene and ordered their forfeiture. We hold otherwise and, therefore, reverse.

I.

On March 25, 1998...

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