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IN RE NO. 32 EAST 67TH STREET

96 F.2d 795 (1938)

In re NO. 32 EAST 67TH STREET, BOROUGH OF MANHATTAN, CITY OF NEW YORK. Appeal of MARCEL ROCHAS, Inc.

Circuit Court of Appeals, Second Circuit.

May 11, 1938.

Attorney(s) appearing for the Case

Evarts, Choate, Curtin & Leon, of New York City (Maurice Leon, of New York City, of counsel), for appellant.

Lamar Hardy, U. S. Atty., of New York City (Joseph Leary Delaney, Asst. U. S. Atty., of Albany, N. Y., of counsel), for appellees.

Gregory, Stewart & Montgomery, of New York City (Charles G. Stevenson, of New York City, of counsel), for trustee in bankruptcy.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

The United States attorney has moved for an order to recall and amend the mandate of this court, dated April 27, 1938, which directed that the order appealed from be modified in accordance with our opinion. The opinion directed that the order "be modified to provide: (1) that the search warrant be set aside, (2) that the books, records, papers and miscellaneous papers be returned to the appellant, and (3) that the merchandise be returned unless within...

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