Legal Opinion

United States v. Various Articles of Merchandise, Schedule No. 287 Alessandra's Smile, Inc.

Court of Appeals for the Third Circuit

Decided October 23, 2000No. 00-5124PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

GARTH, Circuit Judge:

This appeal concerns 264 nudist magazines that were imported to the United States from France and Germany. The issue on appeal is whether those magazines are obscene and are therefore subject to seizure and forfeiture under 19 U.S.C. § 1305. The District Court found that the magazines were obscene and ordered their forfeiture. We hold otherwise and, therefore, reverse.

I

On March 25, 1998, at the Customs international Mail Facility in Jersey City, New Jersey, United States Customs Inspector discovered a shipment of two large boxes addressed to…

2Cases cited20 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. Miller v. CaliforniaSupreme Court of the United States · 1973
  4. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  5. New York v. FerberSupreme Court of the United States · 1982

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3Cited by19 opinions

  1. United States v. Ray Donald LoyCourt of Appeals for the Third Circuit · 2001
  2. In Re Cendant Corporation Prides LitigationCourt of Appeals for the Third Circuit · 2000
  3. Michael D. Brandt, on Behalf of Himself and All Others Similarly Situated v. Board of Education of City of ChicagoCourt of Appeals for the Seventh Circuit · 2007
  4. CBS Corp. v. Federal Communications CommissionCourt of Appeals for the Third Circuit · 2008
  5. Service Employees International Union, Local 3 Rachel Canning Velvet Hazard v. Municipality of Mt. LebanonCourt of Appeals for the Third Circuit · 2006

14 more not listed; retrieve them via the Exa API.

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