IN RE BALDI


33 F.2d 973 (1929)

In re BALDI.

District Court, E. D. New York.

July 16, 1929.


Attorney(s) appearing for the Case

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Herbert H. Kellogg and William T. Cowin, both of Brooklyn, N. Y., of counsel), for plaintiff.

Arthur A. Kestler, of Brooklyn, N. Y., for petitioner.


GALSTON, District Judge.

This is a motion for the return of some twenty-six barrels of wine alleged to have been taken unlawfully by police officers, and by them delivered to the United States government.

There is no question that the liquor was seized unlawfully. The only remaining question is whether, having thus been unlawfully seized, it should be returned to the person from whom it was taken.

The analysis shows the wine content to be 13.13% alcohol...

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