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GRANT v. UNITED STATES

No. 360, Docket 26785.

291 F.2d 227 (1961)

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

United States Court of Appeals Second Circuit.

Decided June 19, 1961.

Attorney(s) appearing for the Case

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

Edward J. McLaughlin, Asst. U. S. Atty., New York City (Justin J. Mahoney, U. S. Atty., Albany, N. Y., on the brief), for defendant-appellee.

Before WATERMAN, MOORE and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

Taxpayers moved prior to indictment to suppress evidence obtained from them by Internal Revenue Agents in investigation of their income tax returns for 1952, 1953 and 1954. After hearing, the District Court relying on Sclafani (United States v. Sclafani, 2 Cir., 1959, 265 F.2d 408, certiorari denied 360 U.S. 918, 79 S.Ct. 1436, 3 L.Ed.2d 1534), denied relief for failure to show any affirmative misrepresentation...

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