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AUERBACH v. UNITED STATES

No. 22431.

347 F.2d 742 (1965)

Dory AUERBACH, David Prosser Randell and Irving Gottlieb, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Petition for Rehearing Denied July 30, 1965.

Attorney(s) appearing for the Case

Joseph J. Lyman, Washington, D. C., for appellants.

Edward A. Kaufman, Asst. U. S. Atty., Miami, Fla., for appellee.

Before JONES, BROWN and BELL, Circuit Judges.

Petition for Rehearing En Banc Denied July 30, 1965.

PER CURIAM:

The order of transfer of the district court is not final and hence is not appealable. Holdsworth v. United States, 1st Cir. 1950, 179 F.2d 933; United States v. Brown, 4th Cir. 1962, 301 F.2d 664. The appeal is

Dismissed.

JOHN R. BROWN, Circuit Judge (dissenting):

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