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U.S. v. MID-STATES EXCHANGE

No. 85-5373 SD.

815 F.2d 1227 (1987)

UNITED STATES of America, Appellee, v. MID-STATES EXCHANGE, Robert Hawley and Audrey Hawley, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 10, 1987.

Rehearing Untimely June 1, 1987.

Attorney(s) appearing for the Case

William Cohan, Denver, Colo., for appellants.

Donald M. Lewis, Asst. U.S. Atty., Minneapolis, Minn., for appellee.

Before JOHN R. GIBSON, Circuit Judge, FAIRCHILD, Senior Circuit Judge, and MAGILL, Circuit Judge.

Rehearing Denied as Untimely June 1, 1987.

PER CURIAM.

On October 4, 1985, the District Court1 denied the motion of Robert and Audrey Hawley under Rule 41(e), F.R.Crim.P., for return of property seized in a search of their home. The Hawleys challenge the validity of the search warrant and also claim that the search and seizure exceeded the scope of the warrant.

Judge Jones decided that the motion was premature, did not...

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