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UNITED STATES v. BENANTI

No. 266, Docket 24427.

244 F.2d 389 (1957)

UNITED STATES of America, Plaintiff-Appellee, v. Salvatore BENANTI, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 6, 1957.

Attorney(s) appearing for the Case

Paul W. Williams, U. S. Atty., for the Southern Dist. of New York, New York City (John D. Roeder, Executive Asst. U. S. Atty., and Maurice N. Nessen, Asst. U. S. Atty., New York City, of counsel), for plaintiff-appellee.

George J. Todaro, New York City, for defendant-appellant.

Before MEDINA and WATERMAN, Circuit Judges, and GALSTON, District Judge.

MEDINA, Circuit Judge.

Salvatore Benanti appeals from a judgment of conviction of illegal possession and transportation of distilled spirits without tax stamps affixed thereto, in violation of 26 U.S.C. §§ 5008(b) (1), 5642. The case is important and we think of first impression, as we are called upon to formulate a rule to govern the admissibility in a federal court of evidence obtained by state officers in violation of Section 605 of the Federal Communications...

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