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SCHROEDER v. UNITED STATES

No. 4755.

14 F.2d 500 (1926)

SCHROEDER v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

August 2, 1926.

Attorney(s) appearing for the Case

Kenneth M. Green and Kenneth C. Gillis, both of San Francisco, Cal., for plaintiff in error.

Geo. J. Hatfield, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal., for the United States.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

RUDKIN, Circuit Judge.

The judgment in this case cannot be sustained without overruling Temperani v. United States (C. C. A.) 299 F. 365, and Bell v. United States (C. C. A.) 9 F.2d 820. Adhering as we do to the views there expressed, the judgment in this case must be reversed.

To uphold an entry and search such as was here made is to entirely ignore "a necessary difference between a search of a store, dwelling house, or other...

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