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HARDY v. UNITED STATES

No. 20183.

381 F.2d 941 (1967)

Clyde L. HARDY and Lee Roy Ferguson, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 19, 1967.

Petition for Rehearing Denied October 4, 1967.

Attorney(s) appearing for the Case

Mr. Carl V. Lyon, Washington, D. C. (appointed by this court), with whom Mr. Edward G. Howard, Washington, D. C., was on the brief, for appellants.

Mr. Charles A. Mays, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Earl J. Silbert, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and FAHY and TAMM, Circuit Judges.

Petition for Rehearing En Banc Denied October 4, 1967.

The action of the United States District Court is affirmed. Circuit Judge Tamm files an opinion. Circuit Judge Fahy files a special concurring statement. Chief Judge Bazelon files a dissenting opinion.

TAMM, Circuit Judge.

This court is again asked to reverse the narcotics laws convictions of these two appellants. This sought after relief is denied.

These appellants were convicted by a...

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