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CHANCE v. UNITED STATES

No. 19597.

331 F.2d 473 (1964)

Alvin CHANCE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 5, 1964.

Attorney(s) appearing for the Case

J. Edward Worton, Joseph P. Manners, Miami, Fla., for appellant.

Lloyd G. Bates, Jr., Asst. U. S. Atty., Miami, Fla., J. Frank Cunningham, Marshall TaMor Golding, attys., Crim. Div., Dept. of Justice, Washington, D. C., Herbert J. Miller, Asst. Atty. Gen., Edith House, U. S. Atty., Southern Dist. of Florida, for appellee.

W. Sanders Gramling, W. G. Ward, Miami, Fla., Chester Bedell, Jacksonville, Fla., William C. Steel, George F. Gilleland, Miami, Fla., amici curiae.

Before BROWN, Circuit Judge, and WHITEHURST, District Judge.

PER CURIAM:

In the Petition for Rehearing the Appellant (1) attacks the substantive merits of the Court's opinion and (2) as new matter challenges the legality or propriety of Judge Whitehurst's participation in the decision of this Court as a Judge designated and assigned to sit as a member thereof under 28 U.S.C.A. §§ 292(a), 43(b). The Court is unanimously of the view that the challenge is unfounded and adopts as its own the following from the opinion...

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