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UNITED STATES v. KLEIN

No. 77-1121.

565 F.2d 183 (1977)

UNITED STATES of America, Appellant, v. Allan Michael KLEIN et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 14, 1977.

Attorney(s) appearing for the Case

Henry H. Hammond, Asst. U.S. Atty., Boston, Mass., with whom James N. Gabriel, U.S. Atty., Boston, Mass., was on brief, for appellant.

Albert F. Cullen, Jr., Boston, Mass., by appointment of the Court, with whom William B. Duffy, Jr., Boston, Mass., by appointment of the Court, was on brief, for defendants, appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, LAY, Circuit Judge.

LAY, Circuit Judge.

On March 5, 1975, a federal magistrate issued a warrant authorizing the search of a retail music store located in Somerville, Massachusetts, known as "D and L Limited". The warrant authorized the executing officer to seize "certain 8-track electronic tapes and tape cartridges which are unauthorized `pirate' reproductions and also any commercial documentation and advertising materials relating thereto which are evidence of the commission of a criminal...

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