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POLK v. UNITED STATES

No. 17819.

314 F.2d 837 (1963)

Jewel POLK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

March 12, 1963.

Attorney(s) appearing for the Case

H. Donald Harris, Jr., San Francisco, Cal., for appellant.

Cecil F. Poole, U. S. Atty., and Jerrold M. Ladar, Asst. U.S. Atty., San Francisco, Cal., for appellee.

Before MERRILL and BROWNING, Circuit Judges, and MADDEN, Judge of the Court of Claims.

PER CURIAM.

Following a hearing held on remand pursuant to the mandate of this Court (Polk v. United States, 291 F.2d 230, 232 (1961)), the District Court found as follows: "The undisputed evidence now in the record * * * shows that insofar as defendant was concerned the rear yard and staircase were nothing more than a means of access to the back door of his flat." And further: "When the police

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