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SMITH v. UNITED STATES

Civ. A. No. 1066-65.

250 F.Supp. 803 (1966)

Charles SMITH and Irene Smith, Petitioners, v. UNITED STATES of America and David M. Satz, Jr., United States Attorney for the District of New Jersey, Respondents.

United States District Court D. New Jersey.

February 25, 1966.

Attorney(s) appearing for the Case

David M. Satz, Jr., U. S. Atty., by Matthew J. Scola, Asst. U. S. Atty., for respondents.

Herbert L. Zuckerman, Newark, N. J., for petitioners.

WORTENDYKE, District Judge.

Federal income taxpayers, husband and wife, have filed their verified petition in this Court seeking a return of what they denominate "evidence illegally taken from the petitioners. * * *" They invoke this Court's jurisdiction in equity, and seek relief by mandatory injunction for the return of the evidentiary material, and to prevent respondent United States Attorney from presenting the evidence so secured to a Federal Grand Jury for the...

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