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SURPLUS STORE AND EXCHANGE, INC. v. CITY OF DELPHI

No. 89-3494.

928 F.2d 788 (1991)

SURPLUS STORE AND EXCHANGE, INC., Plaintiff-Appellant, v. CITY OF DELPHI, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 5, 1991.

Attorney(s) appearing for the Case

Carolyn S. Holder, Holder & Davis, Lafayette, Ind., for plaintiff-appellant.

William W. Kurnik, Kurnik, Cipolla, Stephenson & Barasha, Arlington Heights, Ill., James S. Stephenson, Stephenson & Kurnik, Indianapolis, Ind., for defendant-appellee.

Before BAUER, Chief Judge, EASTERBROOK, Circuit Judge, and WILL, Senior District Judge.

BAUER, Chief Judge.

Possession may be "rather more than nine points of the law," Corporation of Kingston-upon-Hull v. Horner, [1774] Lofft 576, 591 (Lord Mansfield), but, as this case demonstrates, nine points is not always enough — especially if the holder of the tenth point is assisted by a police officer.

At stake here are a couple of gold rings worth about $1,100. On May 26, 1988, Patrolman Steve...

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