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UNITED STATES v. COOK

No. 80-1917.

657 F.2d 730 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. Lee COOK and Jackie B. Kirk, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing and Rehearing Denied November 17, 1981.

Attorney(s) appearing for the Case

James R. Gough, Daniel Tucker Kamin, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellant.

Charles S. Szekely, Jr., Asst. Federal Public Defender, Roland E. Dahlin, II, Federal Public Defender, Houston, Tex., for Cook.

W. B. "Bennie" House, Jr., Houston, Tex., for Kirk.

Before REAVLEY, RANDALL and SAM D. JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 17, 1981.

REAVLEY, Circuit Judge:

In this appeal by the Government from an order of a United States district judge suppressing evidence prior to a criminal trial, we must decide whether a search warrant that authorized the seizure of illegally reproduced videotapes from the defendants' place of business violated the Fourth Amendment. We also must decide whether so much of the warrant that did not conform

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