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IN RE ALL FUNDS IN ACCOUNTS IN NAMES REGISTRY PUB., INC.

Docket No. 95-6119.

58 F.3d 855 (1995)

In re the Seizure of ALL FUNDS IN ACCOUNTS IN the NAMES REGISTRY PUBLISHING, INC., Sterling Who's Who, Inc., Who's Who of Retailers, Inc., William's Who's Who, Inc., Who's Who Executive Club, Bruce Gordon, Who's Who Worldwide Registry, Inc., Publishing Ventures, Inc., including but not limited to Marine Midland Bank Account Nos. 018-78090-3, 018-78047-4, 018-78044-0, 018-78055-5, 018-78153-5, 018-78173-0, Sterling National Bank & Trust Co. of New York Account Nos. 035-79716-07, 031-43410-01, 031-43402-01, Republic National Bank for Savings Account No. 2601001775, and All Funds Traceable Thereto.

United States Court of Appeals, Second Circuit.

Decided June 26, 1995.

Attorney(s) appearing for the Case

Gary R. Brown, Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty., E.D.N.Y., Deborah B. Zwany, Sarah Lum, Asst. U.S. Attys., Brooklyn, NY, of counsel), for movant.

Vivian Shevitz, Mount Kisco, NY (Gerald Shargel, New York City, of counsel), for respondent and cross-movant.

Before: WINTER, MAHONEY, and JACOBS, Circuit Judges.

PER CURIAM:

This motion for a stay pending appeal concerns an order by Judge Spatt releasing over $270,000 seized pursuant to a warrant obtained under Fed.R.Crim.P. 41. Judge Spatt held in a thorough opinion, see 887 F.Supp. 435 (E.D.N.Y.1995), familiarity with which is assumed, that the warrant must be vacated because there is a lack of probable cause for the underlying arrests and prosecution.

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