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IN RE ORYELL

28 F.2d 639 (1928)

In re ORYELL.

District Court, W. D. New York.

August 31, 1928.

Attorney(s) appearing for the Case

Latona & Carlo, of Buffalo, N. Y., for petitioner.

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y. (Ralph A. Lehr, Asst. U. S. Atty., of Buffalo, N. Y., of counsel), for the United States.

HAZEL, District Judge.

Pursuant to a search warrant issued by a United States Commissioner, the searching officer, a customs inspector, entered the private home of petitioner and seized 128 cases of liquors of various kinds, the containers concededly being labeled, "Liquor Control Board of Ontario" — a liquor board that was established in Ontario about April 5, 1927, more than eight years after the passage of the Volstead Act. The search warrant, after its...

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