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MARGGRAF v. LEWIS

Nos. 2571, 2577.

54 F.2d 54 (1931)

MARGGRAF v. LEWIS, Prohibition Administrator, et al. SAME v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

November 28, 1931.

Attorney(s) appearing for the Case

Joseph M. Hargedon, of Lawrence, Mass. (Coulson, Donovan & Hargedon, of Lawrence, Mass., on the brief), for appellant.

Haven Parker, Asst. U. S. Atty., of Boston, Mass. (Frederick H. Tarr, U. S. Atty., and Elihu D. Stone, Asst. U. S. Atty., both of Boston, Mass., on the brief), for the United States.

Before BINGHAM and WILSON, Circuit Judges, and MORRIS, District Judge.

BINGHAM, Circuit Judge.

These two cases arise out of the same transactions. No. 2571 is a petition filed October 31, 1930, for the return to the plaintiff of a certain Chevrolet truck, of which he was the owner. It is alleged in the petition that Walter H. Sullivan, a federal prohibition agent, on the 26th day of October, 1930, procured a search warrant from Richard B. Walsh, a United States commissioner, "to search a certain one story building, with the cellar beneath...

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