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SHEPHERD v. UNITED STATES

No. 14105.

220 F.2d 855 (1955)

Walter Leroy SHEPHERD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

April 13, 1955.

Attorney(s) appearing for the Case

John H. Brill, San Francisco, Cal., Hayden C. Covington, Brooklyn, N. Y., for appellant.

Lloyd H. Burke, U. S. Atty., Donald B. Constine, Richard H. Foster, Asst. U. S. Attys., San Francisco, Cal., for appellee.

Before STEPHENS, BONE and POPE, Circuit Judges.

PER CURIAM.

Appellee's time to petition for a rehearing was extended until the Supreme Court handed down decisions in the cases of Witmer v. United States, Sicurella v. United States, Simmons v. United States and Gonzales v. United States, 75 S.Ct. 392, 397, 403, 409, in all of which certiorari had been granted 75 S.Ct. 27, 42, 59, at the time our opinion herein was rendered. These cases were decided March 14, 1955 and following that appellee has petitioned for rehearing...

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