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WEISSINGER v. UNITED STATES

No. 24639.

423 F.2d 795 (1970)

Ouida J. WEISSINGER a/k/a Ouida Boyd and Mrs. George Boyd, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fifth Circuit.

March 10, 1970.

Attorney(s) appearing for the Case

T. Paine Kelly, Jr., Charles W. Pittman, Tampa, Fla., for appellants.

John C. Eldridge, Jack H. Weiner, Stephen R. Felson, Attys., Dept. of Justice, Washington, D. C., for appellee.

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

GODBOLD, Circuit Judge:

The court sitting en banc recedes from and overrules the decision of the majority of the panel in this case. The judgment of affirmance is vacated, and the judgment of the lower court is reversed with direction to enter judgment for the appellant.

We base our decision on Rule 41(b), Fed.R.Civ.P. Thus we need not discuss further the other ground presented in the dissenting opinion of the writer as a member of the panel, concerning principles...

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