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LAGOW v. UNITED STATES

No. 118, Docket No. 20397.

159 F.2d 245 (1946)

LAGOW et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

December 26, 1946.

Attorney(s) appearing for the Case

Herbert Zelenko, of New York City, for appellants.

Keith Brown and John F. X. McGahey, U. S. Atty., both of New York City, for appellee.

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

PER CURIAM.

Both petitioners appeal from an order which directed the return of business records of the corporation, unlawfully seized, and forbade the use of the evidence against the corporation upon the trial of any indictment which might be filed against it; but which denied that relief to Lagow, the sole shareholder and officer of the corporation. Since at the time the petition was filed no indictment had been found, the appeal lies under Cogen v. United States...

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