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STEFANELLI v. MINARD.

No. 2.

342 U.S. 117 (1951)

72 S.Ct. 118

96 L.Ed. 138

STEFANELLI ET AL. v. MINARD ET AL.

Supreme Court of United States.

Decided December 3, 1951.

Attorney(s) appearing for the Case

Mordecai Michael Merker argued the cause for petitioners, and Anthony A. Calandra filed a brief for petitioners.

Richard J. Congleton and Charles Handler argued the cause for respondents. With them on the brief were Theodore D. Parsons, Attorney General of New Jersey, C. William Caruso and Vincent J. Casale.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

Petitioners asked equitable relief from the Federal District Court to prevent the fruit of an unlawful search by New Jersey police from being used in evidence in a State criminal trial. The suit was brought under R. S. § 1979, 8 U. S. C. § 43, providing for redress against "Every person who, under color of any statute, ordinance, regulation, custom, or...

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