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UNITED STATES v. SALLEY

No. 18482.

290 F.2d 708 (1961)

UNITED STATES of America, Appellant, v. Rufus C. SALLEY and Beulah S. Salley, Appellees.

United States Court of Appeals Fifth Circuit.

June 2, 1961.

Attorney(s) appearing for the Case

John B. Jones, Jr., Meyer Rothwacks, Dept. of Justice, Washington, D. C., William B. Butler, U. S. Atty., Houston, Tex., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., John H. Baumgarten, Asst. U. S. Atty., Houston, Tex., Louis F. Oberdorfer, Asst. Atty. Gen., Harry Baum, Gilbert E. Andrews, Jr., Attys., Dept. of Justice, Washington, D. C., for appellant.

Douglas W. McGregor, Houston, Tex., McGregor, Sewell & Junell, Houston, Tex., of counsel, for appellees.

Before TUTTLE, Chief Judge, RIVES, Circuit Judge, and DEVANE, District Judge.

PER CURIAM.

This case was decided by the trial court on a motion for summary judgment based on the opinion and decision of this Court in United States v. Bond, 5 Cir., 258 F.2d 577. The Supreme Court of the United States later granted certiorari 361 U.S. 958, 80 S.Ct. 589, 4 L.Ed.2d 541 in the Ninth Circuit case of Knetsch v. United States because of an apparent conflict between that case, 272 F.2d 200

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