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CARTER v. UNITED STATES

No. 19627.

325 F.2d 697 (1963)

Albert Houston CARTER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

December 30, 1963.

Attorney(s) appearing for the Case

Hewitt H. Covington, Erwin H. Baumer, John L. Moore, Jr., Atlanta, Ga., for appellant.

Truett Smith, Asst. U. S. Atty., Macon, Ga., Robert S. Erdahl, Atty., Dept of Justice, Washington, D. C., Floyd M. Buford, U. S. Atty., Macon, Ga., for appellee.

Before TUTTLE, Chief Judge, and RIVES, CAMERON, JONES, BROWN, WISDOM, GEWIN and BELL, Circuit Judges, En Banc.

PER CURIAM:

The judgment is AFFIRMED by an equally divided Court. See Rice v. Sioux City Cemetery, 1954, 348 U.S. 880, 75 S.Ct. 122, 99 L.Ed. 693, on rehearing, 1955, 349 U.S. 70, 73, 75 S.Ct. 614, 99 L.Ed. 897, 5 Am.Jur.2d, Appeal and Error, § 902, pp. 338, 339.

Affirmed.

RIVES, CAMERON and GEWIN, Circuit Judges, concur.

JONES, Circuit Judge, concurs specially.

TUTTLE, BELL, BROWN and WISDOM, Circuit...

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