Legal Opinion

Eureka Productions, Inc. v. Mulligan

Court of Appeals for the Second Circuit

Decided January 8, 1940No. 122PublishedCited by 11 opinions

1Opinion of the Court

PATTERSON, Circuit Judge.

The action is against a former marshal of the district court for damages caused by his destruction of a motion picture film formerly owned by the plaintiff. There was a trial before a judge without a jury. The judge held the case to be without merit and dismissed the complaint.

The facts are not disputed. The Eureka company imported a motion picture film into the United States. The film after arrival here was seized by the collector of customs on the ground that the play portrayed by it was obscene. The seizure was made under section 305 of the Tariff Act of 1930, 19…

2Cases cited6 opinions

  1. The Confiscation CasesSupreme Court of the United States · 1874
  2. Four Hundred & Forty-Three Cans of Frozen Egg Product v. United StatesSupreme Court of the United States · 1912
  3. The SarahSupreme Court of the United States · 1823
  4. Morris's CottonSupreme Court of the United States · 1869
  5. Dobson v. United StatesCourt of Appeals for the Second Circuit · 1929

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3Cited by11 opinions

  1. Petterson Lighterage & T. Corp. v. New York Central R. Co.Court of Appeals for the Second Circuit · 1942
  2. United States v. 5 Cases, More or Less, Containing "Figlia Mia Brand", Etc. (5 Cases)Court of Appeals for the Second Circuit · 1950
  3. United States v. HeckingerCourt of Appeals for the Second Circuit · 1947
  4. Alberty Food Products Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1950
  5. United States v. 88 Cases, Etc., of Bireley's Orange BeverageDistrict Court, D. New Jersey · 1946

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