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UNITED STATES v. DUFFY

No. 67 Cr. 557.

282 F.Supp. 777 (1968)

UNITED STATES of America, Plaintiff, v. John Joseph DUFFY, d/b/a Duffy's Tavern, Defendant.

United States District Court S. D. New York.

April 10, 1968.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., for the United States; Jack Kaplan, Asst. U. S. Atty., of counsel.

Max Fruchtman, New York City, for defendant.

WYATT, District Judge.

This is a motion by defendant, presumably under Fed.R.Crim.P. 41(e), for the return of property and its suppression for use as evidence. The property is six bottles containing distilled spirits (hereafter simply "spirits"). The bottles were seized on March 16, 1967 by officers of the Alcohol and Tobacco Tax Division of the Internal Revenue Service; these officers are called "special investigators" by the Service.

Evidence was received...

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