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LAPIDES v. UNITED STATES

No. 109, Docket 22866.

215 F.2d 253 (1954)

LAPIDES v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided July 13, 1954.

Attorney(s) appearing for the Case

Bruno Schachner, New York City (Roy M. Zeig, New York City, of counsel), for appellant.

Theodore F. Bowes, U. S. Atty. for Northern District of New York, Syracuse, N. Y., for appellee.

Before CHASE, Chief Judge, and FRANK and HINCKS, Circuit Judges.

HINCKS, Circuit Judge.

The appellant, before any criminal proceedings had been instituted against him, obtained from the court below an order requiring the United States District Attorney to show cause at a session of the court to be held on April 22, 1953, why an order should not be made suppressing evidence claimed to have been illegally obtained by the government, restraining the United States Attorney from submitting such illegally obtained evidence to the Grand...

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