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UNITED STATES INTERNAL REVENUE SERVICE v. GIBBS

Misc. No. 3542.

233 F.Supp. 934 (1964)

UNITED STATES of America INTERNAL REVENUE SERVICE v. Algernon C. GIBBS.

United States District Court W. D. Pennsylvania.

October 5, 1964.

Attorney(s) appearing for the Case

Gilbert Morcroft, Pittsburgh, Pa., for defendant.

Nick S. Fisfis, Asst. U. S. Atty., for plaintiff.

GOURLEY, Chief Judge.

This proceeding arises under Rule 41 (e) of the Federal Rules of Criminal Procedure on the motion of Algernon Gibbs, defendant, to suppress evidence and return property seized in connection with alleged violations of Sections 7302, 4411 and 4412 of the Internal Revenue Code of 1954. 68A Stat. 867, 527; 26 U.S.C.A. §§ 7302, 4411, 4412.

The motions are based on the legal theses that no probable cause existed for the issuance of...

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