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COST v. UNITED STATES

Nos. 3790-3793.

27 F.2d 511 (1928)

COST v. UNITED STATES, and three other cases.

Circuit Court of Appeals, Third Circuit.

July 2, 1928.

Attorney(s) appearing for the Case

Frederic M. P. Pearse and Daniel W. Applegate, both of Newark, N. J., for plaintiffs in error.

James W. McCarthy, U. S. Atty., of Jersey City, N. J., and Harlan Besson, Asst. U. S. Atty., of Hoboken, N. J.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In this case it is alleged that on March 29, 1927, 646 cases of whisky and 4 barrels of malt found in a house on the New Jersey coast occupied by Edward Cost were seized under a search warrant. These liquors became subject to the court's orders in the following manner: On that day application was made for a search warrant, based on an affidavit which alleged, on information and belief, that "Edward Cost possesses cases of whisky and

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