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TRIPODI v. MORGENTHAU

213 F.Supp. 735 (1962)

Application of Peter TRIPODI, Petitioner, v. The Honorable Robert M. MORGENTHAU, United States Attorney, Southern District of New York, and Rudolph Deutsch, Special Agent of the Internal Revenue Service, Intelligence Division, United States Treasury Department, Respondents, for an order pursuant to Rule 41(e) of the Rules of Criminal Procedure.

United States District Court S. D. New York.

November 13, 1962.

Attorney(s) appearing for the Case

William T. Griffin, New York City, for petitioner.

Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, attorney for Respondents. James B. White, Asst. U. S. Atty., of counsel.

METZNER, District Judge.

Petitioner is the owner and was in control of the premises at 438 South Fifth Avenue, Mt. Vernon, New York. He has moved pursuant to Fed.R.Crim.P. 41(e) for the return to him and the suppression as evidence against him of certain property seized at the premises.

On May 8th, 1962 a search warrant for the premises was issued by the Commissioner based upon an affidavit executed by a Special Agent of the Internal Revenue Service. That...

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