G. I. Distributors, Inc. v. Murphy

(dissenting) :

I dissent for two reasons from the reversal of Judge Weinfeld’s order and from the adherence to our prior opinion.

The first ground is set forth in my original dissent, G.I. Distributors, Inc. v. Murphy, 469 F.2d 752, 758-760 (2d Cir. 1972). There, I distinguished between seizing all copies of an allegedly obscene book or magazine, such as occurred here in the overnight “sequestration,” and seizing only a few copies for evidentiary purposes; I expressed the view that in the former situation, a prior adversary hearing must be held. The reasons for that view are fully explained in…