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CHURCH v. UNITED STATES

Civ. A. No. 75-5.

409 F.Supp. 285 (1976)

James CHURCH, and Wanda Church, his wife, Plaintiffs, v. UNITED STATES of America, and W. Laird Stabler, Jr., individually and as United States Attorney for the District of Delaware, Defendants.

United States District Court, D. Delaware.

March 12, 1976.

Attorney(s) appearing for the Case

Bertram S. Halberstadt, of Connolly, Bove & Lodge, Wilmington, Del., for plaintiffs.

Kent Walker, Asst. U. S. Atty., Wilmington, Del., for defendants.

OPINION

STAPLETON, District Judge:

On May 9, 1972, in the course of executing a search warrant, FBI agents seized $9,643.75 in cash from various parts of plaintiffs' home. After termination of the criminal proceedings against plaintiffs on May 15, 1974, plaintiffs' counsel wrote to the United States Attorney for the District of Delaware on September 6, 1974, demanding return of "cash amounting to approximately $10,000 [which] was seized from three closets...

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