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388 US 447 Aday v. United States

388 U.S. 447

87 S.Ct. 2095

18 L.Ed.2d 1309

Sanford E. ADAY et al.
v.
UNITED STATES.

No. 149.

Supreme Court of the United States

June 12, 1967

Stanley Fleishman, for petitioners.

1

Solicitor General Marshall, for the United States.

2

Melvin L. Wulf, Rolland R. O'Hare and Erwin B. Ellmann, for the American Civil Liberties Union and others, as amici curiae.

3

Horace S. Manges, for the American Book Publishers Council, Inc., as amicus curiae.

4

Charles H. Keating, Jr., and James J. Clancy, for Citizens for Decent Literature, Inc., as amicus curiae.

5

On Petition for Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit.

6

PER CURIAM.

7

The petition for a writ of certiorari is granted and the judgment of the United States Court of Appeals for the Sixth Circuit is reversed. Redrup v. State of New York, 386 U.S. 767, 87 S.Ct. 1414, 18 L.Ed.2d 515.

8

THE CHIEF JUSTICE and Mr. Justice BRENNAN would grant the petition, vacate the judgment, and remand in light of A Book Named 'John Cleland's' Memoirs of a Woman of Pleasure v. Attorney General of Com. of Massachusetts, 383 U.S. 413, 86 S.Ct. 975, 16 L.Ed.2d 1.

9

Mr. Justice CLARK would grant the petition and affirm.

10

Mr. Justice HARLAN concurs in the reversal on the basis of the reasoning set forth in his opinions in Roth v. United States, 354 U.S. 476, 496, 77 S.Ct. 1304, 1 L.Ed.2d 1498, and Manual Enterprises, Inc. v. Day, 370 U.S. 478, 82 S.Ct. 1432, 8 L.Ed.2d 639.