UNITED STATES v. MANCUSI

No. 478, Docket 31112.

379 F.2d 897 (1967)

UNITED STATES of America ex rel. Frank DeFORTE, Appellant, v. Vincent R. MANCUSI, Warden of Attica Prison, Attica, New York, Appellee.

United States Court of Appeals Second Circuit.

Decided June 28, 1967.


Attorney(s) appearing for the Case

James L. Lekin, Buffalo (Michael E. Mecsas, Saperston, Wiltse, Duke, Day & Wilson, Buffalo, N. Y., on the brief), for appellant.

Henry P. Devine, Asst. Dist. Atty. (William Cahn, Dist. Atty., Nassau County, on the brief), for appellee.

Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

The sole issue presented by this appeal is whether the appellant, Frank DeForte, a vice-president of Local 266 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, had "standing" to object to the use against him in a criminal prosecution of various union books and records that admittedly were illegally seized from the union's office by state officials, over the appellant's protests.

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