United States v. 2,200 Paper Back Books, Meridian Exports, Inc., Meridian Exports, Inc., in Behalf of Itself, and All Other Persons Similarly Situated, Cross-Complainants-Appellants v. United States of America, Cross-Defendant-Appellee

565 F.2d 566 UNITED STATES of America, Plaintiff, v. 2,200 PAPER BACK BOOKS, Defendants, Meridian Exports, Inc., Claimant. MERIDIAN EXPORTS, INC., in behalf of itself, and all other persons similarly situated, Cross-Complainants-Appellants, v. UNITED STATES of America, Cross-Defendant-Appellee. Nos. 75-1291 and 75-1310. United States Court of Appeals, Ninth Circuit. Nov. 30, 1977. Peter H. Kane (argued), Los Angeles, Cal., for plaintiff. Stephen F. Rhode (argued), Beverly Hills, Cal., for defendants. Appeal from the United States District Court for the Central District of California. Before TUTTLE, * BARNES, and WALLACE, Circuit Judges. BARNES, Senior Circuit Judge: 1 On or about January 28, 1974, 1 Defendants 2,200 paperback books 2 arrived in the Port of Los Angeles aboard a vessel originating from Japan. On March 18, after an inspection by a customs official, they were confiscated for being in violation of 19 U.S.C. § 1305 (prohibiting importation of obscene material). On March 28, a Complaint for Forfeiture was filed in the United States District Court and a Warrant for Arrest in Action In Rem was issued. All but 26 books were seized by the United States Marshal on April…