United States v. 18 Packages of Magazines
Opinion
Opinion
Sweigert, J.
This is a libel in rem brought by the United States pursuant to Title 28, U.S. C. Secs. 1355, 1356 and 1395(b), to forfeit 18 packages of magazines alleged to have been seized by the Collector of Customs at San Francisco after the packages had been imported into the United States in violation of Title 19 U.S.C. Sec. 1305 .
The libel alleges that each package contains one or more of certain named obscene magazines: Ogat, Visuell, Minuit Cinq, Paris Broadway, Evocations, Figure and Mini Croquis, together with other magazines enclosed within the same package.
One Dr. Earl Sass, as owner of the material has filed a claim herein for their return and possession, particularly for the return and possession of all magazines which are not alleged in the libel to be obscene.
Exhibit A to the libel identifies each package by a Customs Seizure number affixed thereto and, where two or more packages bear the same Customs Seizure number, by a package number marked on the package. The exhibit further sets forth the approximate quantity of magazines comprising each package with the titles of the magazines in the package.