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IN RE SEARCH WARRANT ISSUED JULY 14, 1987

Misc. No. 2433-D.

684 F.Supp. 1417 (1988)

In re SEARCH WARRANT ISSUED JULY 14, 1987.

United States District Court, N.D. Texas, Dallas Division.

On Amended Motion for Return May 9, 1988.

Attorney(s) appearing for the Case

Louise P. Hytken, U.S. Dept. of Justice, Tax Div., and William Sheetz, Asst. U.S. Atty., Dallas, Tex., for the government.

Robert Edwin Davis and William R. Cousins, III of Davis, Meadows, Owens, Collier & Zachry, Dallas, Tex., for Roy Douglas Rodgers, W.W. Rodgers & Sons Properties, Inc., W.W. Rodgers & Sons Fruits and Vegetables, Inc., Apple Trucking, Inc., Lettuce Invest, Inc., and W.W. Rodgers & Sons Produce, Inc.

G. Tomas Rhodus and Ronald A. Stein of Brice & Mankoff, P.C., Dallas, Tex., for Franklin W. Barton, J. Michael Barton, and Barton Bros. Produce.

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

A large scale search and seizure operation conducted by agents of the Internal Revenue Service has resulted in various Fed.R.Crim.P. 41(e) motions for return of property and a motion by the government to stay the proceedings indefinitely pending the outcome of a grand jury investigation. Because the court concludes that the Rule 41(e) movants have yet to make a colorable showing of irreparable injury...

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