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UNITED STATES v. FRICK

No. 72-2275.

490 F.2d 666 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Lee FRICK and Quimet John Petersen, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 15, 1974.

Attorney(s) appearing for the Case

Malcolm G. Mundy, Jr., New Orleans, La., Raymond A. McGuire, New Orleans, La., for Petersen. Louis R. Koerner, Jr., James C. Murphy, Jr., New Orleans, La., for Frick (court appointed).

Gerald J. Gallinghouse, U. S. Atty., Robert L. Livingston, Mary William Cazalas, Asst. U. S. Attys., New Orleans, La., for the United States.

Before GOLDBERG, CLARK and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 15, 1974.

RONEY, Circuit Judge:

Defendants Frick and Petersen were convicted on five counts under 18 U.S.C.A. §§ 2, 371, 1341 and 1343 of conspiring to defraud and defrauding certain persons through a sham loan brokerage business by using the mails and interstate telephonic communications. Only the question concerning the legality of a warrantless search of defendant Frick's briefcase requires discussion...

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