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KAUZ v. UNITED STATES

No. 8499.

95 F.2d 473 (1938)

KAUZ v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

March 24, 1938.

Attorney(s) appearing for the Case

Elmore Cohen, of West Palm Beach, Fla., and Frank B. Bozza, of Miami, Fla., for appellant.

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Lloyd C. Hooks, Asst. U. S. Atty., and Harry G. Taylor, Sp. Asst. U. S. Atty., both of Miami, Fla.

Before FOSTER and HUTCHESON, Circuit Judges, and BORAH, District Judge.

FOSTER, Circuit Judge.

An indictment was returned against Sue D. Kauz, appellant, and Thomas Butler charging them, in one count, with unlawfully possessing 15 gallons of whisky in three 5-gallon unstamped containers, and in another count with concealing 15 gallons of whisky, with intent to defraud the United States of the taxes thereon. Before trial appellant moved to suppress evidence secured by a search of her residence. The motion was denied. On motion of the United...

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