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UNITED STATES v. THOMAS

250 F.Supp. 771 (1966)

UNITED STATES of America v. Maxie THOMAS and Wilbur Wiggins, Defendants.

United States District Court S. D. New York.

February 7, 1966.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, for the Government; John A. Stichter, Asst. U. S. Atty., of counsel.

Anthony F. Marra, Legal Aid Society, New York City, for Wilbur Wiggins; Bernard Moldow, New York City, of counsel.

Edward R. Cunniffe, Jr., New York City, for Maxie Thomas.

TENNEY, District Judge.

Defendants move herein, pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure, to suppress the use of two cartons allegedly seized from them in violation of their Fourth Amendment rights.

Based on the evidence adduced at the hearing, at which both defendants testified, as did the three railroad policemen involved as well as Agent Conlon of the Federal Bureau of Investigation, I find

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