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UNITED STATES v. WEXLER

4 F.2d 391 (1925)

UNITED STATES v. WEXLER et al.

District Court, S. D. New York.

March 16, 1925.

Attorney(s) appearing for the Case

William Hayward, U. S. Atty., of New York City (James S. Johnson, Sp. Asst. U. S. Atty., of New York City, of counsel), for the United States.

Wahle, Gilbert & Black, of New York City (Frederick T. Burns and Charles C. Fenno, both of White Plains, N. Y., and Charles G. F. Wahle, of New York City, of counsel), for defendant Wexler.

WINSLOW, District Judge.

This is a motion made by the defendant Wexler (1) that an order be made directing a collateral inquiry to determine the manner in which 197 lbs. of opium was seized; and (2) in the event that the United States concedes the truth of the allegations in the petition contained with reference to the search warrant and its issuance and execution, or if found to be true under a collateral inquiry instituted herein, then and in either of such events...

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