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UNITED STATES v. LOT OF WINE AT 1914 DALY AVE.

31 F.2d 495 (1928)

UNITED STATES v. LOT OF WINE AT 1914 DALY AVE. (FELLA, Claimant).

District Court, S. D. New York.

April 3, 1928.

Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City.

John A. Bolles, of New York City, for claimant.

THACHER, District Judge.

It being stipulated that the search was unlawful, seizure of the res necessarily falls, and this entire proceeding, together with the right to hold the res, falls with it. U. S. v. Specified Quantities of Intoxicating Liquors (C. C. A.) 7 F.2d 835. That part of section 33 of title 2 of the National Prohibition Act (27 USCA § 50), which imposes upon one who possesses...

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