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MERINO v. HOCKE

No. 18271.

324 F.2d 687 (1963)

Jaime J. MERINO, Appellant, v. Theodore HOCKE, United States Commissioner, etc., and the United States of America, Appellees.

United States Court of Appeals Ninth Circuit.

November 23, 1963.

Attorney(s) appearing for the Case

David C. Marcus, Los Angeles, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, Phillip W. Johnson, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Newman & Newman and Philip Newman, Los Angeles, Cal., for amicus curiae, Newman & Newman.

Before CHAMBERS and JERTBERG, Circuit Judges, and MURRAY, District Judge.

JERTBERG, Circuit Judge.

The issues presented by this appeal are essentially the same as those presented on the prior appeal which we considered and disposed of in Merino, Appellant, v. Hocke, United States Commissioner, and the United States of America, Appellees, reported in 289 F.2d 636 (9th Cir.1961). Reference is hereby made to that appeal for a complete statement of the proceedings leading up to the prior appeal.

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