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  5. 644 F.2d 1317 (1981)
 

MATTER OF PROPERTY, ETC.

No. 77-3750.

644 F.2d 1317 (1981)

In the Matter of Seizure of PROPERTY BELONGING TO TALK OF THE TOWN BOOKSTORE, INC., a Delaware Corp. UNITED STATES of America, Plaintiff-Appellant, v. PROPERTY BELONGING TO TALK OF THE TOWN BOOKSTORE, INC., a Delaware Corp., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted March 17, 1980.

Decided May 11, 1981.

Rehearing and Rehearing Denied July 22, 1981.

Attorney(s) appearing for the Case

Rimantas A. Rukstele, Asst. U. S. Atty., Las Vegas, Nev., argued for plaintiff-appellant; Lawrence J. Semenza, Las Vegas, Nev., on brief.

Alan B. Andrews, Las Vegas, Nev., for defendant-appellee.

Before BROWNING, Chief Judge, KILKENNY, Circuit Judge, and EAST, District Judge.

Rehearing and Rehearing En Banc Denied July 22, 1981.

BROWNING, Chief Judge:

The owners of Talk of the Town Bookstore, Inc. and Peek-a-Rama Movie Arcade ("Bookstore") moved pursuant to Fed.R.Crim.P. 41(e) for an order requiring the return of certain books, magazines, films and records seized by agents of the Federal Bureau of Investigation, and suppressing their use as evidence. The district court granted the motion, on the ground that the two search warrants...

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