UNITED STATES v. LOTEMPIO


58 F.2d 358 (1931)

UNITED STATES v. LOTEMPIO et al.

District Court, W. D. New York.

On Reargument March 31, 1932.


Attorney(s) appearing for the Case

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y., and Joseph J. Doran, Asst. U. S. Atty., of Rochester, N. Y., for the United States.

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


KNIGHT, District Judge.

On the petition of the plaintiff, this is the return of an order to show cause why the decision of the United States commissioner herein, discharging the defendants and determining that insufficient probable cause existed for the issuance of the search warrant, should not be vacated and set aside.

The decision of the commissioner is based upon the affidavit of two federal prohibition agents, upon which the search warrant was issued...

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