UNITED STATES v. LUMIA

No. 2032-C.

36 F.Supp. 552 (1941)

UNITED STATES v. LUMIA.

District Court, W. D. New York.

January 6, 1941.


Attorney(s) appearing for the Case

George L. Grobe, U. S. Atty., by R. Norman Kirchgraber, Asst. U.S. Atty., both of Buffalo, N. Y., for plaintiff.

Norman C. Hise, of Buffalo, N. Y., for defendant.


KNIGHT, District Judge.

This is a motion to set aside the search and seizure made herein and suppress the evidence obtained thereon. An investigator of the Alcohol Tax Unit observed the defendant enter premises at 101 Wilkerson Street, Buffalo, New York, carrying two burlap wrapped cans of the size and shape of 5-gallon cans commonly used to transport alcohol. This investigator, with another, entered into the common hallway of the building which was occupied by several...

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