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MERRITT v. LEWIS

Civ. No. S-1158.

309 F.Supp. 1254 (1970)

Richard W. MERRITT, Plaintiff, v. George LEWIS, John Price, Ronald Tochterman and the Honorable Robert N. Zarick, Defendants.

United States District Court, E. D. California.

January 28, 1970.

Attorney(s) appearing for the Case

Richard M. Grossberg, Sacramento, Cal., for plaintiff.

Thomas C. Lynch, Atty. Gen., State of Cal., Sacramento, Cal., for defendants.

MEMORANDUM AND ORDER

MacBRIDE, Chief Judge.

On January 19, 1970, this court filed its Memorandum and Order in this case denying defendants' motion to dismiss, 309 F.Supp. 1249. That Memorandum set out certain procedures constitutionally required to effect the search and seizure of films. The plaintiff has submitted an order requiring the return of his film which admittedly was seized by a procedure not in conformity...

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