In re Sana Laboratories, No. 7480.

CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)
Writing for the CourtBIGGS, MARIS, and GOODRICH, Circuit
Citation115 F.2d 717
PartiesIn re SANA LABORATORIES, Inc., et al.
Decision Date02 December 1940
Docket NumberNo. 7480.

115 F.2d 717 (1940)

In re SANA LABORATORIES, Inc., et al.

No. 7480.

Circuit Court of Appeals, Third Circuit.

November 6, 1940.

Rehearing Denied December 2, 1940.


Besson & Pellet, of Hoboken, N. J. (Harlan Besson, of Hoboken, N. J., and Andrew O. Wittreich and John J. Meehan, both of Jersey City, N. J., of counsel), for appellants.

William F. Smith, Acting U. S. Atty., of Trenton, N. J., and Irwin L. Langbein, Sp. Asst. to the Atty. Gen., for appellee.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

This is an appeal from a denial of a petition praying for the suppression of certain evidence alleged to have been illegally seized by government agents. The petition was filed on behalf of Sana Laboratories, Inc., a permittee authorized to withdraw specially denatured alcohol used by it in the preparation of medical and chemical products, and on behalf of James A. Iorio and Edward J. Iorio.

On Friday evening, November 6, 1936, an investigator of the Alcohol Tax Unit who had been watching Sana's plant followed and seized a truck which had taken on six drums of alcohol at the plant. The serial numbers had been removed from these drums. The next morning he returned to the plant with other agents and they were all admitted by the janitor. The agents on that day took from the plant the manufacturing records and purchase and sales books and placed under arrest several persons. The agents had no warrant either for the arrests or the seizure of the documents. The persons arrested were brought before a commissioner later that day and were released on bail that night. On the Monday following the agents returned to the plant and collected invoices covering materials used in the manufacture of preparations containing alcohol and certain sales records. These records were placed in a sealed box and were removed from the premises by the agents on the next day.

This petition was filed in the court below on December 3, 1936. Affidavits were filed by both sides and hearing was held. On June 10, 1940, the court below entered its order denying the prayer of the petition. In the meantime, an indictment was returned on March 31, 1938, against Sana Laboratories, Inc., and certain individuals, including James A. Iorio and Edward J. Iorio, charging a conspiracy to defraud the United States of tax.

Out of the chronology of these events arises the first point which we must

115 F.2d 718
consider. It is contended that this court is without jurisdiction on the ground that the order of the court below is not final within the meaning of § 128(a) of the Judicial Code, 28 U.S.C.A. § 225(a). The contention is based upon the fact that the indictment was returned before the order was made. It is clear...

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16 practice notes
  • Davis v. United States, No. 404
    • United States
    • United States Supreme Court
    • June 10, 1946
    ...v. Beatrice Creamery Co., 10 Cir., 146 F.2d 774; Bowles v. Glick Bros. Lumber Co., 9 Cir., 146 F.2d 566; In re Sana Laboratories, 3 Cir., 115 F.2d 717 (subsequent to the inspection there was a wrongful taking; the court admitted the evidence procured as a result of the inspection, but barre......
  • Rodgers v. United States, No. 2083.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • January 6, 1958
    ...the cases are in conflict. One line of cases holds the orders final and independently appealable, In re Sana Laboratories, 3 Cir., 1940, 115 F.2d 717, United States v. Poller, 2 Cir., 1930, 43 F.2d 911, 74 A.L.R. 1382, while another line of cases hold the order interlocutory and not indepen......
  • Nelson v. United States, No. 11353-11361
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 2, 1953
    ...202 F.2d at page 17. 47 United States v. Poller, 2 Cir., 1930, 43 F.2d 911, 74 A.L.R. 1382; In re Sana Laboratories, 3 Cir., 1940, 115 F.2d 717, certiorari denied, 1941, 312 U.S. 688, 61 S.Ct. 615, 85 L.Ed. 1125; and see Weldon v. United States, 9 Cir., 1952, 196 F.2d 874, 48 1922, 52 App.D......
  • Di Bella v. United States United States v. Koenig, Nos. 21 and 93
    • United States
    • United States Supreme Court
    • March 19, 1962
    ...(1961); Grant v. United States, 291 F.2d 227 (1961); Greene v. United States, 296 F.2d 841 (1961). Third Circuit: In re Sana Laboratories, 115 F.2d 717 (1940); United States v. Bianco, 189 F.2d 716, 717 n. 2 (1951); United States v. Sineiro, 190 F.2d 397 (1951); United States v. Murphy, 290......
  • Request a trial to view additional results
16 cases
  • Davis v. United States, No. 404
    • United States
    • United States Supreme Court
    • June 10, 1946
    ...v. Beatrice Creamery Co., 10 Cir., 146 F.2d 774; Bowles v. Glick Bros. Lumber Co., 9 Cir., 146 F.2d 566; In re Sana Laboratories, 3 Cir., 115 F.2d 717 (subsequent to the inspection there was a wrongful taking; the court admitted the evidence procured as a result of the inspection, but barre......
  • Rodgers v. United States, No. 2083.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • January 6, 1958
    ...the cases are in conflict. One line of cases holds the orders final and independently appealable, In re Sana Laboratories, 3 Cir., 1940, 115 F.2d 717, United States v. Poller, 2 Cir., 1930, 43 F.2d 911, 74 A.L.R. 1382, while another line of cases hold the order interlocutory and not indepen......
  • Nelson v. United States, No. 11353-11361
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 2, 1953
    ...202 F.2d at page 17. 47 United States v. Poller, 2 Cir., 1930, 43 F.2d 911, 74 A.L.R. 1382; In re Sana Laboratories, 3 Cir., 1940, 115 F.2d 717, certiorari denied, 1941, 312 U.S. 688, 61 S.Ct. 615, 85 L.Ed. 1125; and see Weldon v. United States, 9 Cir., 1952, 196 F.2d 874, 48 1922, 52 App.D......
  • Di Bella v. United States United States v. Koenig, Nos. 21 and 93
    • United States
    • United States Supreme Court
    • March 19, 1962
    ...(1961); Grant v. United States, 291 F.2d 227 (1961); Greene v. United States, 296 F.2d 841 (1961). Third Circuit: In re Sana Laboratories, 115 F.2d 717 (1940); United States v. Bianco, 189 F.2d 716, 717 n. 2 (1951); United States v. Sineiro, 190 F.2d 397 (1951); United States v. Murphy, 290......
  • Request a trial to view additional results

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