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UNITED STATES v. MERCHANT DIAMOND GROUP, INC.

No. 336, Docket 77-1278.

565 F.2d 252 (1977)

UNITED STATES of America, Appellant, v. The MERCHANT DIAMOND GROUP, INC., Appellee.

United States Court of Appeals, Second Circuit.

Decided November 9, 1977.

Attorney(s) appearing for the Case

Howard Weintraub, Washington, D. C. (Richard J. Arcara, U. S. Atty., W. D. N. Y., Buffalo, N. Y., Shirley Baccus-Lobel, Michael W. Farrell, Attys., Dept. of Justice, Washington, D. C., Lloyd George Parry, Sp. Atty., Buffalo Strike Force, Buffalo, N. Y., of counsel), for appellant.

Warren S. Radler, Buffalo, N. Y. (Saperston, Day & Radler, Buffalo, N. Y., Brian P. Fitzgerald, Buffalo, N. Y., of counsel), for appellee.

Before MULLIGAN and TIMBERS, Circuit Judges, and BONSAL, District Judge.

PER CURIAM:

The United States appeals from an order of the United States District Court for the Western District of New York entered on June 23, 1977 (Curtin, J.) granting the motion of appellee Merchant Diamond Group, Inc. for the return of its property pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure.

Appellee is a Florida corporation engaged in the business of selling diamonds and is a wholly...

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