MATTER OF SEARCH OF 4801 FYLER AVE.

No. 88-1573.

879 F.2d 385 (1989)

In the Matter of the SEARCH OF 4801 FYLER AVENUE, etc. The KIESEL COMPANY, INC., Appellee, v. Kimberly HOUSEHOLDER, Special Agent, Federal Bureau of Investigation, et al., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 13, 1989.

Rehearing and Rehearing Denied September 7, 1989.


Attorney(s) appearing for the Case

Richard J. Leon, Washington, D.C., for appellant.

David V. Capes, St. Louis, Mo., for appellee.

Before McMILLIAN, JOHN R. GIBSON and MAGILL, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 7, 1989.

JOHN R. GIBSON, Circuit Judge.

The United States appeals from a district court order requiring the return of property seized during execution of a search warrant against the Kiesel Company. The warrant, issued by another district judge, was ruled constitutionally overbroad because it described virtually all property on the Kiesel premises, both business and personal. Although Kiesel had sought relief...

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