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McABEE v. UNITED STATES

Misc. No. 1114.

261 F.2d 744 (1958)

Philip N. McABEE, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals District of Columbia Circuit.

Petition for Rehearing Denied January 15, 1959.

Attorney(s) appearing for the Case

Mr. Philip N. McAbee, pro se.

Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher and Charles W. Halleck, Asst. U. S. Attys., Washington, D. C., for appellee.

Before PRETTYMAN, Chief Judge, and BAZELON and BASTIAN, Circuit Judges, in Chambers.

Petition for Rehearing In Banc Denied January 15, 1959.

PER CURIAM.

Order

Upon consideration of petitioner's motion for leave to prosecute an appeal in forma pauperis, of respondent's opposition, and of petitioner's reply, it is

Ordered by the court that the aforesaid motion is denied.

BAZELON, Circuit Judge (dissenting).

This is an application for leave to appeal in forma pauperis from the District

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