Benny LURK, Appellant,
v.
UNITED STATES of America, Appellee.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued June 20, 1961.
Decided June 22, 1961.
Concurring Opinion July 17, 1961.
Certiorari Granted October 9, 1961.
Attorney(s) appearing for the Case
Mr. Eugene Gressman, Washington, D. C. (appointed by this court), for appellant.
Mr. Charles T. Duncan, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Donald S. Smith, Asst. U. S. Atty., were on the brief, for appellee.
Messrs. Archibald Cox, Sol. Gen., Herbert J. Miller, Jr., Asst. Atty. Gen., Oscar H. Davis, Asst. to the Sol. Gen., Miss Beatrice Rosenberg, Philip R. Monahan, Mrs. Patricia R. Harris, and Mr. Richard W. Schmude, Attys., Dept. of Justice, were on the brief for the United States, filed in the Supreme Court in Lurk v. United States, No. 669, Oct. Term, 1960, which was also considered by the court in this case.
Mr. Roger Robb, Washington, D. C., for Chief Judge and Associate Judges of the United States Court of Customs and Patent Appeals, as amici curiae.
Mr. Francis Shea, Washington, D. C., with whom Mr. Richard T. Conway, Washington, D. C., was on the brief filed in the Supreme Court in Lurk v. United States, No. 669, Oct. Term, 1960, for Marvin Jones, Chief Judge of the United States Court of Claims, and Samuel E. Whitaker and others, Judges of the United States Court of Claims, as amici curiae, which was also considered by the court in this case.
Mr. Bennett Boskey, Washington, D. C., was on the brief for Mark Coppedge, Jr., as amicus curiae, filed in the Supreme Court in Lurk v. United States, No. 669, Oct. Term, 1960, which was also considered by the court in this case.
Before WILBUR K. MILLER, Chief Judge, and EDGERTON, PRETTYMAN, BAZELON, WASHINGTON, DANAHER, BASTIAN and BURGER, Circuit Judges, sitting in banc.
United States Court of Appeals District of Columbia Circuit.
Certiorari Granted October 9, 1961. See 82 S.Ct. 110.
PER CURIAM.
This case is here on appeal from the United States District Court for the District of Columbia, following remand from the Supreme Court of the United States. Lurk v. United States, 1961, 366 U.S. 712, 81 S.Ct. 1229, 6 L.Ed.2d 845. We heard argument in banc on the merits of the two contentions advanced by appellant's able court-appointed counsel, namely...
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