Toberoff v. Summerfield

245 F.2d 360 A. S. TOBEROFF, also known as Abe S. Toberoff, individually and doing business as Filmfare and Filmfare Co., Appellant, v. Arthur SUMMERFIELD, Postmaster General of the United States, Appellee. No. 15545. United States Court of Appeals Ninth Circuit. June 7, 1957. Brock, Easton, Fleishman & Rykoff, Stanley Fleishman, Hollywood, Cal., for appellant. Laughlin E. Waters, U.S. Atty., Richard A. Lavine, Marvin P. Carlock, Asst. U.S. Attys., Los Angeles, Cal., for appellee. Before STEPHENS, POPE, and HAMLEY, Circuit Judges. HAMLEY, Circuit Judge. 1 This is an appeal from two orders directing that mail addressed to Filmfare and Filmfare Co. be held and detained by the postmaster at the office of delivery. 2 On August 8, 1956, an administrative complaint was filed in the Fraud and Mailability Division of the Post Office Department, pursuant to 39 U.S.C.A. § 259a. It was alleged that, under the names of Filmcraft and Filmcraft Co., circulars were being deposited in the mails giving information as to where obscene photographs, slides, and moving pictures could be obtained. An administrative order was requested directing the postmaster at Los Angeles to dispose of mail…