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RISING SUN BREWING CO. v. UNITED STATES

No. 4655.

55 F.2d 827 (1932)

RISING SUN BREWING CO. v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

January 22, 1932.

Attorney(s) appearing for the Case

John A. Matthews, of Newark, N. J. (Merritt Lane, of Newark, N. J., of counsel), for appellant.

Phillip Forman, U. S. Atty., of Trenton, N. J., and Samuel Cohen, of Newark, N. J., for the United States.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and THOMSON, District Judge.

THOMSON, District Judge.

In this case, a search warrant was issued by the United States commissioner, authorizing the search of the Rising Sun Brewery at Elizabeth, N. J. Thereafter, the brewery was searched and seized. A motion to suppress, in the form of a petition in equity, was filed, argued, and a decision rendered, upholding the search warrant. From this order an appeal was allowed, the court holding it had no discretion, and the question of the appealability...

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