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BENES v. CANARY

No. 12531.

224 F.2d 470 (1955)

Elmer J. BENES, Appellant, v. Sumner CANARY, as United States Attorney, Appellee.

United States Court of Appeals Sixth Circuit.

July 20, 1955.

Attorney(s) appearing for the Case

William Patrick Clyne, Cleveland, Ohio, on brief, for appellant.

Sumner Canary, Even H. Cockley, Cleveland, Ohio, on brief, for appellee.

Before SIMONS, Chief Judge, MILLER and STEWART, Circuit Judges.

MILLER, Circuit Judge.

Appellant by this action sought to enjoin the United States Attorney for the Northern District of Ohio from using before the United States Commissioner, or the Grand Jury, or in any criminal proceeding, certain books and records of the appellant individually and of the E. J. Benes & Company, a corporation of which he was president, which appellant claims were illegally obtained by government agents. He asked that such documents be suppressed...

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