GRANT v. UNITED STATES

No. 344, Docket 26183.

282 F.2d 165 (1960)

Luther F. GRANT and Sirrka V. Grant, Petitioners-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 28, 1960.


Attorney(s) appearing for the Case

Kenneth P. Ray, Asst. U. S. Atty., Syracuse, N. Y. (Theodore F. Bowes, U. S. Atty., Northern Dist. of New York, Syracuse, New York, on the brief), for appellant.

Joseph W. Burns, New York City (John P. Cuddahy and Austin, Burns, Appell & Smith, New York City, and George Bond, Jr., N. Earle Evans, Jr. and Bond, Schoeneck & King, Syracuse, New York, on the brief), for appellees.

Before CLARK, MOORE and FRIENDLY, Circuit Judges.


FRIENDLY, Circuit Judge.

Luther F. Grant and his wife Sirrka V. Grant are physicians practicing in Liberty, New York. Luther applied on their joint behalf to the District Court for the Northern District of New York, pursuant to Fed.R.Crim.Proc. 41(e), 18 U.S.C., for an order suppressing as evidence records and papers that he had made available to agents of the Internal Revenue Service. He alleged that the records had been obtained in violation of the Fourth and Fifth...

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