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DYKES v. UNITED STATES

No. 18861.

343 F.2d 337 (1965)

James M. DYKES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 19, 1965.

Petition for Rehearing Denied April 14, 1965.

Attorney(s) appearing for the Case

Mr. Jerome Powell, Washington, D. C., with whom Mr. Charles L. Bucy, Washington, D. C., (both appointed by this court), was on the brief, for appellant.

Mr. James L. Kelley, Atty., Dept. of Justice, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Mr. John A. Terry, Asst. U. S. Atty., also entered an appearance for appellee.

Before FAHY, BASTIAN and BURGER, Circuit Judges.

Petition for Rehearing en Banc Denied April 14, 1965.

JUDGMENT

PER CURIAM.

THIS CAUSE came on to be heard on the record on appeal from the United States District Court for the District of Columbia, and was argued by counsel.

ON CONSIDERATION WHEREOF It is ordered and adjudged by this court that the judgment of the District Court appealed from in this case be, and it is hereby, affirmed.

FAHY, Circuit Judge (dissenting):

In...

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