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RUSSO v. UNITED STATES

No. 91, Docket 24193.

241 F.2d 285 (1957)

James D. RUSSO, Appellant, v. The UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided February 8, 1957.

Attorney(s) appearing for the Case

Corcoran, Kostelanetz & Gladstone, New York City (Boris Kostelanetz and Jules Ritholz, New York City, of counsel on the brief), for appellant.

Leonard P. Moore, U. S. Atty., for the Eastern Dist. of New York, Brooklyn, N. Y. (Kenneth C. Sternberg, Floral Park, N. Y., and Zachary Fromberg, Asst. U. S. Attys., Brooklyn, N. Y., of counsel on the brief), for appellee.

Before CLARK, Chief Judge, and LUMBARD, and WATERMAN, Circuit Judges.

LUMBARD, Circuit Judge.

James D. Russo appeals from the District Court's denial of two motions made before indictment: (1) under Rule 41(e), Federal Rules of Criminal Procedure, 18 U.S.C.A., to suppress evidence because it was obtained in violation of the Fourth Amendment to the Constitution and the statutes governing Treasury Department practice; and (2) to take the deposition of his former accountant, Mack, within twenty days after commencement of the action, pursuant...

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