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ROBERTS v. U.S.

Misc. No. M 9-150 (RWS).

656 F.Supp. 929 (1987)

Herbert ROBERTS, Joan Roberts and Lewis Bromberg, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S.D. New York.

March 13, 1987.

Attorney(s) appearing for the Case

Laufer & Farkash, New York City (Jacob Laufer, Leopold Laufer, Patricia M. Karish, of counsel), for plaintiffs.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City (Baruch Weiss, Asst. U.S. Atty., of counsel), for defendant.

SWEET, District Judge.

This is an application pursuant to Fed.R. Crim.P. 41(e) for the court to unseal an affidavit issued in support of a search warrant and to order the return of documents illegally seized pursuant to the warrant. The motion has been made prior to any indictment. For the reasons set forth below, the application for the return of the documents is granted.

Facts

On May 27, 1986 a team of Postal Inspectors executed a search warrant...

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