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FAY v. MILLER

No. 10364.

183 F.2d 986 (1950)

FAY, U. S. Atty., v. MILLER.

United States Court of Appeals District of Columbia Circuit.

Decided July 3, 1950.

Attorney(s) appearing for the Case

Mr. Samuel K. Abrams, Assistant United States Attorney, with whom Mr. George Morris Fay, United States Attorney, and Messrs. Joseph M. Howard and Ross O'Donoghue, Assistant United States Attorneys, were on the brief, for appellant.

Mr. Myron G. Ehrlich, Washington, D. C., with whom Mr. Joseph Sitnick, Washington, D. C., was on the brief, for appellee.

Before EDGERTON, BAZELON and FAHY, Circuit Judges.

BAZELON, Circuit Judge.

On March 25, 1949, the Chesapeake and Potomac Telephone Company of Baltimore City, Maryland, received a letter from the United States Attorney for the District of Columbia, stating:

"This office is in possession of competent evidence that the following telephone number WArfield 5061, located at 4923 LaSalle Road, Avondale, Maryland, is being used to aid and abet in the violation of statutes prohibiting gambling in the District of Columbia...

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