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UNITED STATES v. FANNON

Nos. 76-2700, 76-2732.

556 F.2d 961 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Marc Paul FANNON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Paul Howard GUMERLOCK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 5, 1977.

Attorney(s) appearing for the Case

Donald A. Nunn, argued, San Diego, Cal., for defendant-appellant Fannon.

Michael D. Stein, Frank Ragen, argued, Baxley, Ragen & Ray, San Diego, Cal., for defendant-appellant Gumerlock.

Stephen W. Peterson, Asst. U.S. Atty., San Diego, Cal., on the brief, Terry J. Knoepp, U.S. Atty., Stephen W. Peterson, Asst. U.S. Atty., San Diego, Cal., argued, for plaintiff-appellee.

Before CHAMBERS, KOELSCH and HUFSTEDLER, Circuit Judges.

OPINION

KOELSCH, Circuit Judge:

These appeals present this question: Is a search by an airline employee of a package deposited with the air carrier for shipment subject to the limitations of the Fourth Amendment?

The material facts are not in dispute: acting in concert, the defendants, on successive days, deposited at the United Airlines freight office at San Diego, California, two packages for shipment by air to Milwaukee, Wisconsin. After the defendants...

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