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HUNTER v. UNITED STATES

Nos. 17780, 17781.

338 F.2d 283 (1964)

Joseph W. HUNTER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

October 15, 1964.

Attorney(s) appearing for the Case

Miss Mabel D. Haden, Washington, D. C. (appointed by the court), for appellant.

Mr. Gerald A. Messerman, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before BAZELON, Chief Judge, WILBUR K. MILLER, FAHY, WASHINGTON, DANAHER, BASTIAN, BURGER, WRIGHT, and McGOWAN, Circuit Judges, in Chambers.

ORDER

PER CURIAM.

On consideration of appellant's petitition for rehearing en banc, it is

ORDERED by the court en banc that appellant's aforesaid petition is denied.

Circuit Judges FAHY and WASHINGTON did not participate in the foregoing order.

BAZELON, Chief Judge (dissenting):

The court's opinion treats this case as if it presented only a problem of construing a provision of the...

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