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BARNETT v. UNITED STATES

No. 23165.

391 F.2d 931 (1968)

Andy Wallace BARNETT, Robert Taylor Newman and Jack Coleman Stewart, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 28, 1968.

Attorney(s) appearing for the Case

Howard Dyer, Jr., Fred C. DeLong, Jr., James L. Robertson, Greenville, Miss., for appellants.

H. M. Ray, U. S. Atty., Oxford, Miss., Thomas G. Lilly, Spec. Asst. U. S. Atty., Jackson, Miss., for appellee.

Before RIVES, GEWIN and GODBOLD, Circuit Judges.

PETITION FOR REHEARING OF 384 F.2d 848

PER CURIAM:

It is ordered that the petition of the United States for rehearing filed in the above entitled and numbered cause is hereby denied.

GEWIN, Circuit Judge (dissenting):

With deference I am compelled to dissent from the order denying petition for rehearing in this case. After carefully considering the petition it is now my view the opinion misapplies the rule...

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