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CONTI v. MORGENTHAU

232 F.Supp. 1004 (1964)

Application of Ralph CONTI and David Newman, Petitioners, v. The Hon. Robert M. MORGENTHAU, United States Attorney, Respondent.

United States District Court S. D. New York.

August 26, 1964.

Attorney(s) appearing for the Case

Dorsey, Burke & Griffin, New York City, for petitioner Ralph Conti; William T. Griffin, New York City, of counsel.

Irwin Klein, New York City, for petitioner David Newman.

Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, New York City, for United States; John E. Sprizzo, Asst. U. S. Atty., of counsel.

WEINFELD, District Judge.

These are separate applications by two petitioners, Ralph Conti and David Newman, to suppress evidence and for the return of property pursuant to Rule 41 (e) of the Federal Rules of Criminal Procedure. The applications will be treated together since, in large measure, they revolve about the same factual situation.

On January 22, 1964, Special Agents of the Internal Revenue Service obtained warrants, one to search Apartment B at 1582...

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