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UNITED STATES v. AUERBACH

No. 26343.

423 F.2d 676 (1970)

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

United States Court of Appeals, Fifth Circuit.

February 26, 1970.

Attorney(s) appearing for the Case

Robert Orseck, Podhurst & Orseck, Miami, Fla., for Auerbach and Gottlieb.

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

William A. Meadows, Jr., U. S. Atty., William A. Daniel, Jr., Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before WISDOM, GEWIN, and AINSWORTH, Circuit Judges.

ON PETITIONS FOR REHEARING

PER CURIAM:

All of the defendants-appellants have petitioned for rehearing. One of the appellants, David P. Randell, has reiterated his original contention that the trial court's order dismissing portions of the indictment constituted an amendment of the indictment thereby ousting the trial court of jurisdiction to proceed to trial. In our per curiam opinion of December 9, 1969, we did not discuss this contention, because of the...

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