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UNITED STATES v. McCALL

No. 5482.

243 F.2d 858 (1957)

UNITED STATES of America, Appellant, v. John Kenneth McCALL, Appellee.

United States Court of Appeals Tenth Circuit.

April 25, 1957.

Attorney(s) appearing for the Case

Kenneth M. Nohe, Asst. U. S. Atty., Wichita, Kan. (William C. Farmer, U. S. Atty., Topeka, Kan., was with him on the brief), for appellant.

Charles H. Apt, Iola, Kan. (Frederick G. Apt and Apt & Immel, Iola, Kan., were with him on the brief), for appellee.

Before BRATTON, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

BRATTON, Chief Judge.

Six investigators for the Alcohol and Tobacco Tax Division of the Treasury Department, acting without a search warrant, cooperated in searching and seizing from John Kenneth McCall an automobile together with a cargo of intoxicating liquor on a highway in Kansas. An indictment returned in the United States Court for Kansas charged that McCall attempted to introduce and transport the liquor into Oklahoma where such liquor was unlawful except for...

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