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IN RE MILBURNE

No. 299.

77 F.2d 310 (1935)

In re MILBURNE. MILBURNE v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

May 6, 1935.

Attorney(s) appearing for the Case

Leonard Greenstone, of Brooklyn, N. Y., for appellant.

Leo J. Hickey, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before MANTON, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

This appeal concerns the right of the appellant, Milburne, to suppress evidence and procure the return of property alleged to have been obtained by an illegal search and seizure made by police officers of New York City on May 7, 1934. On that date the appellant was lessee in possession of a two-story building in the borough of Brooklyn. He used the ground floor as a public garage and auto repair shop and had his living quarters in the second story...

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