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BADGER METER MANUFACTURING COMPANY v. BRENNAN

Nos. 59-C-119, 59-C-125.

216 F.Supp. 426 (1962)

BADGER METER MANUFACTURING COMPANY, Petitioner and Movant, v. James B. BRENNAN, in his capacity as United States Attorney for the Eastern District of Wisconsin, and Emil B. Nelson, in his capacity as District Director of Internal Revenue, Respondents. Philip J. BERNER, Petitioner, v. James B. BRENNAN, United States Attorney for the Eastern District of Wisconsin, Respondent.

United States District Court E. D. Wisconsin.

August 15, 1962.

Attorney(s) appearing for the Case

James D. Porter and Irving W. Zirbel, Milwaukee, Wis., for Badger Meter Mfg. Co., Paul P. Lipton, Milwaukee, Wis., for Philip J. Berner.

James B. Brennan, U. S. Atty., Milwaukee, Wis., Philip L. Padden, Asst. U. S. Atty., for respondent.

TEHAN, Chief Judge.

The petitioners in these two actions, being Badger Meter Manufacturing Company in Case No. 59-C-119, and Philip J. Berner, its secretary-treasurer in Case No. 59-C-125, request return of certain property and its suppression as evidence in any criminal proceeding and seek to restrain the named respondents, their agents, etc. from using such property as evidence in any criminal proceedings. The actions were consolidated for hearing, at which hearing...

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