MALLORY v. UNITED STATES

No. 14023.

259 F.2d 801 (1958)

Milton Leo MALLORY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 19, 1958.


Attorney(s) appearing for the Case

Mr. E. Lewis Ferrell, Washington, D. C., with whom Mr. Thurman L. Dodson, Washington, D. C. (appointed by the District Court) was on the brief, for appellant.

Mr. Harry T. Alexander, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Carl W. Belcher and Thomas A. Flannery, Asst. U. S. Attys., were on the brief, for appellee. Mr. Lewis Carroll, Asst. U. S. Atty., and Mr. E. Tillman Stirling, Asst. U. S. Atty., at the time record was filed, also entered appearances for appellee.

Before WILBUR K. MILLER and BAZELON, Circuit Judges, and MADDEN, Judge, United States Court of Claims.


PER CURIAM.

On March 31, 1958, 104 U.S.App.D.C. ___, 259 F.2d 796, a division of this court composed of Judges Prettyman, Wilbur K. Miller and Bazelon, with the latter dissenting, filed an opinion denying appellant's motion to remand to the United States District Court for further consideration under Andrew Mallory v. United States,1 and dissolving a previous rule to show cause why the judgment should...

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