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UNITED STATES v. GRAMLICH

No. 76-2450.

551 F.2d 1359 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Charles GRAMLICH, a/k/a Joseph Charles Harris, James Allen Burch, Myrton Ray Lerstang & Joseph Keven Lawless, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 17, 1977.

Attorney(s) appearing for the Case

Barry Hess, Mobile, Ala., George E. Goldstein, Philadelphia, Pa., for defendants-appellants.

Charles S. White-Spunner, U. S. Atty., William R. Favre, Jr., J. B. Sessions, III, Asst. U. S. Attys., Mobile, Ala., for plaintiff-appellee.

Before BROWN, Chief Judge, and COLEMAN and TJOFLAT, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 17, 1977.

TJOFLAT, Circuit Judge:

In this appeal the appellants principally challenge the search of a dwelling that unearthed incriminating evidence used at trial. We agree that the search was invalid due to a lack of probable cause, but find the error harmless in this instance. We also find no merit to the other alleged points of error. Consequently, we affirm.

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