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U.S. v. SEARCH OF MUSIC CITY MARKETING, INC.

No. 99-5260.

212 F.3d 920 (2000)

UNITED STATES of America, Appellee, v. SEARCH OF MUSIC CITY MARKETING, INC., Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 12, 2000

Attorney(s) appearing for the Case

Harold B. McDonough, Jr. (argued and briefed), Asst. U.S. Attorney, Nashville, TN, for Appellee.

Cecil D. Branstetter, Carrol Kilgore, Branstetter, Kilgore, Stranch & Jennings, Nashville, TN, Alfred H. Knight (argued and briefed), Alan D. Johnson (briefed), Willis & Knight, Nashville, TN, Hal D. Hardin (briefed), Law Offices of Hal D. Hardin, Nashville, TN, for Appellant.

Before: MARTIN, Chief Judge; KENNEDY and SUHRHEINRICH, Circuit Judges.

OPINION

KENNEDY, Circuit Judge.

In June of 1998 United States Customs Agents executed a warrant to search the premises of Music City Marketing ("Music City") for drug paraphernalia; seizing various merchandise that they believed qualified as such in the process. Music City filed a motion in the district court for the return of the seized property pursuant to Fed.R.Crim.P. 41(e). After conducting a hearing, the court found the majority of the seized items...

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