POTOMAC NEWS CO., etc. v. UNITED STATES.

389 U.S. 47 (88 S.Ct. 233, 19 L.Ed.2d 46)

POTOMAC NEWS CO., etc. v. UNITED STATES.

No. 164.

Decided: October 23, 1967

Stanley M. Dietz, for petitioner.

Solicitor General Marshall, Assistant Attorney General Vinson and Jerome M. Feit, for the United States.

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PER CURIAM.

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

Mr. Justice HARLAN concurs in the judgment of reversal upon the premises stated in his separate opinion in Roth v. United States, 354 U.S. 476, 496, 77 S.Ct. 1304, 1 L.Ed.2d 1498, and in his dissenting opinion in A Book Named 'John Cleland's Memoirs of a Woman of Pleasure' v. Attorney General of Com. of Massachusetts, 383 U.S. 413, 455, 457, 86 S.Ct. 975, 16 L.Ed.2d 1.

THE CHIEF JUSTICE dissents.

Mr. Justice MARSHALL took no part in the consideration or decision of this case.

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