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UNITED STATES v. BANERMAN

No. 822, Docket 76-1569.

552 F.2d 61 (1977)

UNITED STATES of America, Appellant, v. Herman BANERMAN et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided March 22, 1977.

Attorney(s) appearing for the Case

Alvin A. Schall, Asst. U. S. Atty., Brooklyn, N. Y. (David G. Trager, U. S. Atty., E. D. N. Y.), Brooklyn, N. Y., for appellant.

Carl D. Bernstein, New York City (Kronen & Bernstein, New York City), for appellees Banerman, Cioffi and Mengrone.

Kenneth J. Aronson, Brooklyn, N. Y. (Hochheiser & Cohen, Brooklyn, N. Y.), for appellee Lemanski.

Before MULLIGAN and OAKES, Circuit Judges and BRYAN, District Judge.

MULLIGAN, Circuit Judge:

This is an appeal by the United States from an order of the United States District Court for the Eastern District of New York, Hon. George C. Pratt, suppressing evidence against the five named appellees.1 The sole issue before us is whether they have standing to contest a warrantless search of a garage in Brooklyn, New York. We affirm the order of the district court.

I

In late August 1975, a tractor...

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