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UNITED STATES v. MELVILLE

No. 70 Cr. 28.

309 F.Supp. 829 (1970)

UNITED STATES of America, Plaintiff, v. Samuel Joseph MELVILLE, John David Hughey, Jane Lauren Alpert, Patricia Elizabeth Swinton, Defendants.

United States District Court, S. D. New York.

On Rehearing February 24, 1970.

Attorney(s) appearing for the Case

Sanford M. Katz, New York City, for defendant Alpert.

Whitney North Seymour, Jr., U. S. Atty., S. D. New York, for plaintiff; by John H. Doyle, III, and John R. Wing, New York City, of counsel.

MEMORANDUM

POLLACK, District Judge.

The defendant Jane Lauren Alpert, has moved for an order under Rule 41(e) Fed.R.Crim.P. directing the return of certain property seized at her apartment # 2D at 235 East 4th Street, New York, New York and suppressing it for use as evidence. Her moving affidavit states "I am unable at this juncture to state categorically that I am the owner of the property seized, and must await...

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