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IN RE PHŒNIX CEREAL BEVERAGE CO.

No. 331.

58 F.2d 953 (1932)

In re PHŒNIX CEREAL BEVERAGE CO., Inc.

Circuit Court of Appeals, Second Circuit.

May 23, 1932.

Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (Ulysses S. Grant and Arthur H. Schwartz, Asst. U. S. Attys., both of New York City, of counsel), for the United States.

Louis Halle and Sanford H. Cohen, both of New York City (Milton R. Kroopf and George Cohen, both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

The property directed to be returned by the order appealed from was seized by agents of the Department of Justice on a search warrant obtained to search the premises Nos. 441-453 West Twenty-Fifth street, and buildings in the rear thereof, and Nos. 262-266 Tenth avenue, in the city of New York. The search warrant was issued on affidavits of Messrs. Keating and Kelley, both agents of the Department of Justice. The affidavits stated in substance...

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