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McFEE v. UNITED STATES

No. 13482.

221 F.2d 807 (1955)

Austin F. McFEE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

April 29, 1955.

Attorney(s) appearing for the Case

Harold S. Purdy, Coeur d'Alene, Idaho, J. F. Emigh, Butte, Montana, Elden McFarland, Washington, D. C., James P. Keane, Wallace, Idaho, for appellant.

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, John H. Mitchell, Joseph M. Howard, Joseph F. Goetten, Sp. Assts. to Atty. Gen., Sherman F. Furey, Jr., U. S. Atty., Boise, Idaho, for appellee.

Before MATHEWS, HEALY and ORR, Circuit Judges.

PER CURIAM.

As required by the Supreme Court's order of January 10, 1955, 348 U.S. 905, 75 S.Ct. 311, we have considered this case in the light of Holland v. United States, 348 U.S. 121, 75 S.Ct. 127; Friedberg v. United States, 348 U.S. 142, 75 S.Ct. 138; Smith v. United States, 348 U.S. 147, 75 S.Ct. 194; and United States v. Calderon, 348 U.S. 160

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