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UNITED STATES v. OFFICES KNOWN AS 50 STATE DISTRIB.

No. 82-5671.

708 F.2d 1371 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. The OFFICES KNOWN AS 50 STATE DISTRIBUTING CO., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 25, 1983.

Rehearing Denied July 6, 1983.

Attorney(s) appearing for the Case

Joel M. Gershowitz, Washington, D.C., Lamond R. Mills, U.S. Atty., Brian L. Sullivan, Asst. U.S. Atty., Las Vegas, Nev., for plaintiff-appellant.

Annette R. Quintana, Oscar Goodman, Las Vegas, Nev., for defendant-appellee.

Before MERRILL, CHOY and SNEED, Circuit Judges.

MERRILL, Circuit Judge.

The United States appeals from the District Court's order granting a motion by Appellee 50 State Distributing Co., for the return of improperly seized property, pursuant to Rule 41(e), F.R.Crim.P. The search in question was executed by agents of the United States Postal Service on October 19, 1981, pursuant to a warrant, and resulted in virtually all of 50 State's business records being seized.

FACTS

On October 19, 1981, following...

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