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UNITED STATES v. MAZZIO

Crim. A. No. 449-57.

162 F.Supp. 935 (1958)

UNITED STATES of America v. Joseph MAZZIO et al., Defendants.

United States District Court D. New Jersey.

June 17, 1958.

Attorney(s) appearing for the Case

Chester A. Weidenburner, U. S. Atty., Newark, N. J., by Frederic C. Ritger, Jr., Asst. U. S. Atty., Newark, N. J., for the Government.

Anthony A. Calandra, Newark, N. J., for defendant Mazzio.

WORTENDYKE, District Judge.

Joseph Mazzio and another have been indicted for the possession and concealment of 200 gallons of untaxed distilled spirits, alleged violations of §§ 7206(4) and 7302 of Title 26 of the United States Code. The named defendant has moved, in advance of trial, in accordance with Rule 41(e) of the Rules of Criminal Procedure, 18 U.S.C., for the return and suppression for use as evidence of untaxed alcohol, by said defendant being...

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