IMPERIAL DISTRIBUTORS, INC. v. U. S.

No. 79-1361.

617 F.2d 892 (1980)

IMPERIAL DISTRIBUTORS, INC., et al., Plaintiffs-Appellants, v. UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided March 21, 1980.


Attorney(s) appearing for the Case

Herald Price Fahringer, Buffalo, N. Y., with whom Paul J. Cambria, Jr., Barbara Davies Eberl, Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y., William E. Seekford, Towson, Md., and Nelson Baker, Boston, Mass., were on brief, for appellants.

Charles E. Chase, Asst. U. S. Atty., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellees.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, WYZANSKI, Senior District Judge.


BOWNES, Circuit Judge.

Petitioners-appellants1 challenge the denial of their preindictment motion for the return and/or suppression, pursuant to Fed.R.Crim.P. 41(e), of business records, films, and magazines seized under authority of a warrant by federal agents from a truck owned by petitioner Guarino on February 28, 1978. The motion is predicated upon petitioners' contention that the underlying affidavit failed to establish a nexus between...

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