U.S. v. STORAGE SPACES DESIGNATED NOS. 8 & 49

Nos. 85-1085, 85-1086.

777 F.2d 1363 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. STORAGE SPACES DESIGNATED NOS. "8" AND "49" LOCATED AT 277 EAST DOUGLAS, VISALIA, CALIF., Defendant, and Nescco, Inc., Real Party in Interest-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. 560 SOUTH BRIDGE STREET, VISALIA, CALIFORNIA, Defendant, and Balarama's Enterprises, Inc., Real Party in Interest-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 3, 1985.


Attorney(s) appearing for the Case

Edward P. Moffatt and Ivan Abrams, Asst. U.S. Attys., Fresno, Cal., for plaintiff-appellee.

David F. Rodriquez, Isham, Macias, Lynch, Cronin & Rodriguez, and Jay W. Powell, Powell & MacGlashan, Visalia, Cal., for real party in interest-appellants.

Before CHOY, Senior Circuit Judge, HUG and SCHROEDER, Circuit Judges.


CHOY, Senior Circuit Judge:

Food and Drug Administration ("FDA") Inspector Anderson presented to a magistrate two identical 16-page affidavits relating information he had derived from his investigation of appellants Balarama's Enterprises, Inc. ("Balarama's") and NESCCO, INC. ("NESCCO"). The magistrate issued two search warrants, one for Balarama's' main office at 650 South Bridge St., Visalia, California, and the other for NESCCO's leased storage spaces, numbers...

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