UNITED STATES EX REL. TERRACIANO v. MONTANYE

No. 509, Docket 73-2382.

493 F.2d 682 (1974)

UNITED STATES ex rel. Salvatore TERRACIANO, Petitioner-Appellee, v. Earnest MONTANYE, Superintendent, Attica Correctional Facility, and Carl F. Draxler, Sheriff of Chemung County, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 14, 1974.


Attorney(s) appearing for the Case

D. Bruce Crew, III, Acting Chemung Co. Dist. Atty. (Ransom P. Reynolds, Jr., Elmira, N. Y., of counsel), for respondents-appellants.

Michael J. Brown, Buffalo, N. Y. (Herald Price Fahringer, Paul J. Cambria, Jr., Lawrence A. Schulz, and Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y., of counsel), for petitioner-appellee.

Before LUMBARD, FRIENDLY and TIMBERS, Circuit Judges.


FRIENDLY, Circuit Judge:

Petitioner, Salvatore Terraciano, a licensed pharmacist, was the owner and operator of the Windsor Pharmacy in Horseheads, Chemung County, N.Y. On April 10, 1969, one Michael Capozzi, a state police officer, entered the pharmacy during business hours, showed his credentials and stated that he wished to examine Terraciano's records. When Terraciano declined to allow this until he had consulted his...

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