KNIGHT, Chief Judge.
Plaintiff moves to vacate and set aside an order entered January 24, 1950, suppressing certain evidence.
A federal grand jury indicted defendant on three counts: (1) for having in his possession and under his control, on or about October 7, 1949, in Buffalo, N. Y., a "distilling apparatus set up, * * * not being registered as required by law, in violation of Section 2810(a), Title 26, U.S.C. [26 U.S.C.A. § 2810(a)]"; (2) for having...
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