Rebhuhn v. Cahill

On November 26th, 1935, an indictment was filed naming Ben Rebhuhn, Anne Rebhuhn and Ben Raeburn as defendants, charging them in fourteen counts with a violation of 18 U.S.C. § 334, 18 U.S.C.A. § 334, in that they sent obscene matter through the mails, and in one count with conspiracy to violate the said statute. This indictment has been pending since that time. The defendants have not demurred to the indictment.

On May 17th, 1939, plaintiffs herein filed a summons and complaint in the District Court of the United States for the Southern District of New York naming John T. Cahill, United…