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UNITED STATES v. BURNETT

Crim. No. 80-CR-32.

493 F.Supp. 948 (1980)

UNITED STATES of America v. Walter BURNETT III, Carl Kipp Burnett, Thomas Cook and Hermann Wallner, Defendants.

United States District Court, N. D. New York.

July 9, 1980.

Attorney(s) appearing for the Case

George H. Lowe, U. S. Atty., N. D. N. Y., Albany, N. Y., for United States, U. S. Post Office & Courthouse, by Terrance M. Kelly, Asst. U. S. Atty., Albany, N. Y.

Clute, Clute & Thompson, Plattsburgh, N. Y., for defendant Walter Burnett III by Penelope D. Clute, Plattsburgh, N. Y.

Richard S. Cooper, Knoxville, Tenn., for defendant Carl Kipp Burnett.

O'Connell & Wolfe, Plattsburgh, N. Y., for defendant Thomas Cook by J. Byron O'Connell, Plattsburgh, N. Y.

Meconi & Meconi, Plattsburgh, N. Y., for defendant Hermann Wallner by Louis P. Meconi, Plattsburgh, N. Y.

OPINION

MacMAHON, District Judge.*

Defendants Walter Burnett III and Thomas Cook moved before the Honorable Neal P. McCurn to suppress statements overheard by government agents in two motel rooms in Burlington, Vermont, and Plattsburgh, New York, as well as marijuana later seized from a van leased by Cook.1 Judge McCurn referred the suppression motion to us.

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