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STACK v. UNITED STATES

No. 6745.

368 F.2d 788 (1966)

George P. STACK, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

Decided November 10, 1966.

Rehearing Denied December 9, 1966.

Attorney(s) appearing for the Case

David Berman, Boston, Mass., with whom John F. Zamparelli, Medford, Mass., Joel Marc Pressman and Zamparelli & White, Medford, Mass., were on brief, for appellant.

John Wall, Asst. U. S. Atty., with whom Paul F. Markham, U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

Defendant appellant Stack and one Hughes1 were convicted of the knowing receipt of goods that had been stolen while moving in a foreign shipment. 18 U.S.C. § 659. The first question relates to the propriety of the government's seizure of the goods.2

On the evening in question a shipment of freight, inbound from Italy and not yet cleared through customs, lay in a shed at Commonwealth...

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