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ZAMARONI v. PHILPOTT

No. 14952.

346 F.2d 365 (1965)

Leo ZAMARONI, Plaintiff-Appellant, v. Jay G. PHILPOTT, District Director of Internal Revenue, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

May 21, 1965.

Attorney(s) appearing for the Case

Merle L. Silverstein, Rosenblum & Goldenhersh, St. Louis, Mo., William L. Beatty, Granite City, Ill., for appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Burton Berkley, Atty., Tax Div., U. S. Dept. of Justice, Washington, D. C., Edward R. Phelps, U. S. Atty., Springfield, Ill., Lee A. Jackson, Joseph M. Howard, Attys., Dept. of Justice, Washington, D. C., Leon G. Scroggins, Asst. U. S. Atty., of counsel, for appellee.

Before CASTLE, KILEY and SWYGERT, Circuit Judges.

CASTLE, Circuit Judge.

The plaintiff-appellant, Leo Zamaroni, commenced this action in the District Court seeking to enjoin the defendant-appellee, District Director of Internal Revenue, from using certain items or information derived therefrom as the evidentiary basis for asserting or proving any tax deficiencies against the plaintiff. Plaintiff's complaint alleges that the items were seized from plaintiff's premises by State officers by means of an unlawful search...

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