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PLATO v. KATZENBACH

Civ. A. No. 65-CV-113.

253 F.Supp. 1021 (1966)

In the Matter of Morris E. PLATO and Ruth C. Plato, Petitioners and Movants, v. Nicholas deB. KATZENBACH, Attorney General of the United States, Justin J. Mahoney, United States Attorney, Northern District of New York, Sheldon S. Cohen, Commissioner of Internal Revenue, John E. Foley, District Director of Internal Revenue, John R. O'Reilly, Special Agent and George M. Kamide, Revenue Agent, Respondents.

United States District Court N. D. New York.

May 2, 1966.

Attorney(s) appearing for the Case

Hancock, Ryan, Shove & Hust, Syracuse, N. Y., for petitioners and movants.

Justin J. Mahoney, U. S. Atty., for respondents.

PORT, District Judge.

The above entitled proceeding, designated petition and motion pursuant to Rule 41 of the Federal Rules of Criminal Procedure, alleges in the petition and supporting affidavits that in the course of an investigation of their income tax liability, agents of the Internal Revenue Service unlawfully seized records and documents belonging to the petitioners. They seek in this motion to enjoin permanently the respondents and anyone acting under or through...

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