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GREENE v. UNITED STATES

No. 55, Docket 27026.

296 F.2d 841 (1961)

A. Cheney GREENE and Evelina S. Greene, Petitioners-Appellants, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided December 5, 1961.

Attorney(s) appearing for the Case

Richard E. Moot, Buffalo, N. Y. (Dudley, Stowe & Sawyer, Buffalo, N. Y., on the brief), for petitioners-appellants.

C. Donald O'Connor, Asst. U. S. Atty., Western District of New York, Buffalo, N. Y. (Neil R. Farmelo, U. S. Atty., Western District of New York, Buffalo, N. Y., on the brief), for respondent-appellee.

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

LUMBARD, Chief Judge.

A. Cheney Greene and his wife appeal from an order of the United States District Court for the Western District of New York which denied their application under Rule 41(e) of the Federal Rules of Criminal Procedure for the suppression as evidence in any future proceeding and return of certain records which they had turned over to a special agent of the Internal Revenue Service in Buffalo about March 1, 1960. The Greenes contended that the special...

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