UNITED STATES v. MURPHY

No. 13424.

290 F.2d 573 (1961)

UNITED STATES of America v. James MURPHY and Robi Mercer, Appellants.

United States Court of Appeals Third Circuit.

Decided May 19, 1961.


Attorney(s) appearing for the Case

Albert Martin, Pittsburgh, Pa. (Charles J. Maloney, Pittsburgh, Pa., on the brief), for appellants.

Hubert I. Teitelbaum, U. S. Atty. and Ralph F. Scalera, Asst. U. S. Atty., Pittsburgh, Pa., on the brief, for appellee.

Before KALODNER, STALEY and FORMAN, Circuit Judges.


STALEY, Circuit Judge.

This appeal requires us to determine both the appealability and correctness of a district court's order refusing to suppress the use of property as evidence and to direct its return, where such property was seized by arresting agents as the result of a search allegedly made in violation of the Constitution.

Appellant Mercer and one Zilka were arrested by agents of the Treasury Department at a railroad siding where sugar was being unloaded...

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