UNITED STATES v. BIRRELL


242 F.Supp. 191 (1965)

UNITED STATES of America, v. Lowell M. BIRRELL, Defendant.

United States District Court S. D. New York.

June 11, 1965.


Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, Gerald Walpin, Paul R. Grand, Otto G. Obermaier, Asst. U. S. Attys., of counsel, for United States of America.

William B. Pennell, New York City, Menahem Stim, New York City, William B. Pennell, New York City, of counsel, for defendant.


WYATT, District Judge.

Defendant Lowell M. Birrell has moved, in each of the six criminal proceedings designated by the six file numbers shown above and based on six indictments handed up to this Court:

a. for the return of property secured by an alleged unlawful search and seizure and also to suppress that property for use as evidence (Fed.R. Crim.P. 41(e)); b. under Fed.R.Crim.P. 12(b) (4) — perhaps more properly to be made under Fed.R...

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