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SELINGER v. BIGLER

No. 21116.

377 F.2d 542 (1967)

Walter SELINGER, Appellant, v. Lester BIGLER, Special Agent of the Internal Revenue Service et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 31, 1967.

Attorney(s) appearing for the Case

David R. Frazer, John C. King, Shimmel, Hill, Kleindienst & Bishop, Phoenix, Ariz., for appellant.

Richard C. Gormley, U. S. Atty., Phoenix, Ariz., Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Joseph M. Howard, Burton Berkley, Attys., Tax Division, Department of Justice, Washington, D. C., for appellees.

Before JERTBERG and MERRILL, Circuit Judges, and TAYLOR, District Judge.

PER CURIAM:

Selinger appeals from the denial of his motion to return copies of his records and suppress their use as evidence made pursuant to F.R.Cr.P. 41(e).1 The copies were made by agents of the Internal Revenue Service in the course of an investigation under circumstances which, appellant asserts, amounted to an unlawful search and seizure. The District Court denied relief upon the ground that appellant had given consent to the examination...

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