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ALLEN v. JOHNSON

No. 24314.

391 F.2d 527 (1968)

Ferd ALLEN et al., Appellants, v. Paul B. JOHNSON, Individually and as Governor and State Election Commissioner of the State of Mississippi et al., Appellees.

United States Court of Appeals Fifth Circuit.

Opinion Filed February 9, 1968.

Attorney(s) appearing for the Case

Denison Ray, Elliott C. Lichtman, Jackson, Miss., for appellants.

Will S. Wells, Asst. Atty. Gen., Joe T. Patterson, Atty. Gen. of Mississippi, Jackson, Mississippi, for appellees.

Before JOHN R. BROWN, Chief Judge, TUTTLE, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON and CLAYTON, Circuit Judges.

PER CURIAM:

The Court on its own motion has ordered that this case be reheard by reargument before the Court en banc. Since it was argued before a panel of this Court made up of Senior Judge Rives, and Judges Goldberg and Ainsworth but no decision has been announced by that panel, the Court recognized that there might be some question as to whether Judge Rives is "competent" to sit as a member of the Court, under 28 U.S.C...

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