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UNITED STATES v. SPALLINO

30 F.2d 865 (1929)

UNITED STATES v. SPALLINO.

District Court, W. D. New York.

February 11, 1929.

Attorney(s) appearing for the Case

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

Michael J. Maher, of Buffalo, N. Y. (James O. Moore, of Buffalo, N. Y., of counsel), for defendant.

ADLER, District Judge.

This is a criminal proceeding to punish the defendant, Joseph L. Spallino, for his alleged contempt of court for his failure to appear and produce certain books, papers, records, and documents in obedience to a subpœna duces tecum.

Spallino's ice plant at Niagara Falls, N. Y., was entered by federal prohibition agents in May, 1926, acting under a search warrant issued by a United States commissioner. The agents seized a quantity...

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