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UNITED STATES v. RESNICK

No. 29706.

459 F.2d 1390 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Errol B. RESNICK et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 2, 1972.

Attorney(s) appearing for the Case

James M. Russ, Orlando, Fla., for Resnick and Carlton.

Robert W. Duckworth (Court Appointed) Orlando, Fla., for Davis.

John L. Briggs, U. S. Atty., Kendell W. Wherry, Asst. U. S. Atty., Orlando, Fla., for plaintiff-appellee.

Before GODBOLD, SIMPSON and CLARK, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

PER CURIAM:

The petition for rehearing of appellant Carlton is denied.

With respect to the search and seizure at Kennedy Airport, our opinion, 455 F.2d 1127, concluded that the motion to suppress was properly denied. The government now concedes that if the government seeks a retrial of those defendants whose convictions are reversed, the trial court should...

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