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WALLACE v. UNITED STATES

No. 11438.

155 F.2d 151 (1946)

WALLACE v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

April 25, 1946.

Attorney(s) appearing for the Case

Hayden C. Covington, of Brooklyn, N. Y., and Grover C. Powell, of Atlanta, Ga., for appellant.

M. Neil Andrews, U. S. Atty., and Harvey H. Tisinger, Asst. U. S. Atty., both of Atlanta, Ga., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

After the decision in the case of Estep v. United States, 66 S.Ct. 423, this case comes to us on motion for rehearing.

The facts set it apart from the case of Cahoon v. United States, 5 Cir., 152 F.2d 752, in which we have denied application for rehearing. Here the court called upon defendant, through counsel, to show what he expected to prove. Thereupon defendant offered to prove that he filed with...

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