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UNITED STATES v. KLAPHOLZ

No. 113, Docket 23596.

230 F.2d 494 (1956)

UNITED STATES of America, Appellee-Appellant, v. David KLAPHOLZ and Paula Klapholz, Defendants-Appellants-Appellees.

United States Court of Appeals Second Circuit.

Decided February 21, 1956.

Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., Chief Asst. U. S. Atty., Brooklyn, N. Y. (Leonard P. Moore, U. S. Atty., and Peter E. DeBlasio, Asst. U. S. Atty., Brooklyn, N. Y., on the brief), for appellee-appellant.

Arthur Kaplan, New York, N. Y., for defendants-appellants-appellees.

Before FRANK, HINCKS and WATERMAN, Circuit Judges.

HINCKS, Circuit Judge.

These are cross appeals from an order of Judge Weinfeld in the Southern District of New York, granting in part and denying in part motions of the defendants to suppress evidence pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure, 18 U.S.C.A. The opinion of the District Court is reported at 17 F.R.D. 18.

The defendants, who had been arrested in the Eastern District of New York at 4:00 p. m., on August 2, 1954, but whose...

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