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APPLICATION OF LAFAYETTE ACADEMY, INC.

No. 79-1123.

610 F.2d 1 (1979)

In the Matter of the Application of LAFAYETTE ACADEMY, INC., et al, Appellees, Appeal of UNITED STATES of America, Appellant.

United States Court of Appeals, First Circuit.

Decided October 29, 1979.

Attorney(s) appearing for the Case

Everett C. Sammartino, Asst. U.S. Atty., Providence, R.I., with whom Paul F. Murray, U.S. Atty., Providence, R.I., and Franklin C. Phifer, Jr., Atty., Dept. of Justice, Washington, D.C., were on brief, for appellant.

Peter J. Mansbach, New York City, with whom Kronish, Lieb, Shainswit, Weiner & Hellman, New York City, Herbert F. DeSimone, and DeSimone, Del Sesto & Del Sesto, Providence, R.I., were on brief, for appellees.

Before KUNZIG, Judge U.S. Court of Claims, CAMPBELL, Circuit Judge, and DOOLING, District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

The government appeals from the district court's allowance of appellees' motions, filed pursuant to Fed.R.Crim.P. 41(e),1 for return of property. We affirm the judgment of the district court.

Appellee Lafayette Academy, Inc. owns and operates a vocational home-study school which participated in the Federal Insured Student Loan Program (FISLP). Lafayette...

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