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UNITED STATES v. HERTEL ATHLETIC & SOCIAL CLUB

25 F.2d 872 (1928)

UNITED STATES v. HERTEL ATHLETIC & SOCIAL CLUB, Inc., et al.

District Court, W. D. New York.

March 26, 1928.

Attorney(s) appearing for the Case

Henry Stern and Samuel Fleischman, both of Buffalo, N. Y., for petitioners.

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

ADLER, District Judge.

This is a motion by the petitioners to set aside the search warrant executed January 18, 1928, against the premises, 95 West Mohawk street, Buffalo, N. Y., and for an order directing the articles seized pursuant to such search warrant be returned, and the evidence obtained thereunder be suppressed.

It is urged by the petitioners that the search warrant is invalid on various grounds:

1. The search warrant was issued to "Andrew...

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