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UNITED STATES v. PHŒNIX CEREAL BEVERAGE CO.

No. 404.

65 F.2d 398 (1933)

UNITED STATES v. PHŒNIX CEREAL BEVERAGE CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

May 8, 1933.

Attorney(s) appearing for the Case

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

George Z. Medalie, U. S. Atty., of New York City (Ulysses S. Grant, Asst. U. S. Atty., of New York City, of counsel), for the United States.

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

CHASE, Circuit Judge.

On a former appeal, a search of these premises was, by a majority of this court, held unlawful; what was then seized was ordered returned; and evidence so obtained suppressed. In re Phœnix Cereal Beverage Co., Inc. (C. C. A.) 58 F.2d 953. The officers then were in possession of an invalid search warrant. The government relied in justification upon additional evidence of the commission of a crime within...

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