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U.S. v. FRIEDEMANN

Nos. 99-4275, 99-4282.

210 F.3d 227 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Francis Kenneth FRIEDEMANN; Arpad Anton Chabafy, Defendants-Appellees. United States of America, Plaintiff-Appellee, v. Arpad Anton Chabafy, Defendant-Appellant, and Francis Kenneth Friedemann, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided April 6, 2000.

Attorney(s) appearing for the Case

ARGUED: David Alan Brown, Charlotte, North Carolina, for Appellant. James Frank Wyatt, III, Law Offices of James F. Wyatt, III, Charlotte, North Carolina, for Appellees. ON BRIEF: Mark T. Calloway, United States Attorney, Brian Lee Whisler, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellant. Harold J. Bender, Bender & Matus, Charlotte, North Carolina, for Appellee Friedemann.

Before LUTTIG and TRAXLER, Circuit Judges, and KISER, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed in part, vacated in part, and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge TRAXLER and Senior Judge KISER joined.

OPINION

LUTTIG, Circuit Judge:

The United States appeals from the district court's order granting the motion of defendants Francis Friedemann and Arpad Chabafy to suppress certain evidence obtained from containers in their possession at the time of their arrest, and Chabafy cross-appeals from...

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