The Elizabeth S.

BYERS, District Judge.

This is a motion for an order dismissing the libel and for a return of the vessel and cargo which constitute the subject matter of the libel.

In the ease of United States v. Powers et al. (D. C.) 1 F. Supp. 458, a motion was granted to suppress the evidence obtained by the Coast Guard in connection with the seizure in Long Island Sound of the Elizabeth S on May 16, 1932, on the ground that the seizure of the vessel and the search conducted pursuant thereto were illegal for the reason that there was no probable cause to justify the boarding by the Coast Guard for the…