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COLONNADE CATERING CORP. v. UNITED STATES

No. 310, Docket 32817.

410 F.2d 197 (1969)

Petition of the COLONNADE CATERING CORP., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 26, 1969.

Attorney(s) appearing for the Case

Jerome M. Stember, New York City, for appellee.

Charles Ruff, Atty., Dept. of Justice, Washington, D. C. (Joseph P. Hoey, U. S. Atty., David P. Steinmann, Asst. U. S. Atty., Eastern Dist. of New York, and Richard L. Mays, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Before ANDERSON and FEINBERG, Circuit Judges, and MANSFIELD, District Judge.

MANSFIELD, District Judge:

This appeal is taken by the Government pursuant to 18 U.S.C. § 3731 from an order of the district court granting the petition of appellee Colonnade Catering Corporation ("Colonnade") for the suppression and return of 53 bottles containing alcoholic spirits and two funnels seized by agents of the Internal Revenue Service. We conclude that the search and seizure of the property was reasonable and accordingly reverse the decision below...

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