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United States v. One Package of Japanese Pessaries

United States Court of Appeals for the Second Circuit
86 F.2d 737 (1936)

Written by Haley Gintis, JD

Facts

Dr. Stone (defendant), a New York licensed physician specializing in gynecology, received a package of pessaries from a physician in Japan. The physician requested that Stone provide her opinion as to whether the devices were useful as contraceptives. The government (plaintiff) then filed suit, claiming that the package was in violation of the Tariff Act of 1930 § 305(a), which prohibited an individual from importing any item used for the prevention of conception or for causing an unlawful abortion. The district court dismissed the case, holding that the package was not violative of the act. The district court relied on the fact that Stone had testified that she prescribed the pessaries only to women who had health conditions that made pregnancy injurious. The government appealed.

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