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SAFARIK v. UNITED STATES

Nos. 9505, 9506.

63 F.2d 369 (1933)

SAFARIK v. UNITED STATES. HANFELT v. SAME.

Circuit Court of Appeals, Eighth Circuit.

March 4, 1933.

Attorney(s) appearing for the Case

Eugene D. O'Sullivan, of Omaha, Neb. (Charles J. Southard and J. R. Lones, both of Omaha, Neb., on the brief), for appellants.

Edson Smith, Asst. U. S. Atty., of Omaha, Neb. (Charles E. Sandall, U. S. Atty., and Ambrose C. Epperson, Asst. U. S. Atty., both of Omaha, Neb., Robert Van Pelt, Asst. U. S. Atty., of Lincoln, Neb., and Lawrence I. Shaw, Asst. U. S. Atty., of Omaha, Neb., on the brief), for the United States.

Before KENYON, GARDNER, and SANBORN, Circuit Judges.

GARDNER, Circuit Judge.

The government has filed a petition for rehearing, in which it is strenuously urged (1) that the court has erroneously assumed that the lower court sustained in part the motion to suppress the evidence, and (2) that the court has inadvertently overlooked the laws laid down by this court in Kaiser v. United States, 60 F.2d 410.

In the government's brief submitted on the second appeal it is said: "Four...

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