In The Matter Of Seizure Of Property Belonging To Talk Of The Town Bookstore, Inc.

644 F.2d 1317 In the Matter of Seizure of PROPERTY BELONGING TO TALK OF THE TOWN BOOKSTORE, INC., a Delaware Corp. UNITED STATES of America, Plaintiff-Appellant, v. PROPERTY BELONGING TO TALK OF THE TOWN BOOKSTORE, INC., a Delaware Corp., Defendant-Appellee. No. 77-3750. United States Court of Appeals, Ninth Circuit. Argued March 10, 1980. Submitted March 17, 1980. Decided May 11, 1981. Rimantas A. Rukstele, Asst. U. S. Atty., Las Vegas, Nev., argued for plaintiff-appellant; Lawrence J. Semenza, Las Vegas, Nev., on brief. Alan B. Andrews, Las Vegas, Nev., for defendant-appellee. Appeal from the United States District Court for the District of Nevada. Before BROWNING, Chief Judge, KILKENNY, Circuit Judge, and EAST, * District Judge. BROWNING, Chief Judge: 1 The owners of Talk of the Town Bookstore, Inc. and Peek-a-Rama Movie Arcade ("Bookstore") moved pursuant to Fed.R.Crim.P. 41(e) for an order requiring the return of certain books, magazines, films and records seized by agents of the Federal Bureau of Investigation, and suppressing their use as evidence. The district court granted the motion, on the ground that the two search warrants upon which the seizures were based failed to…