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LETTSOME v. UNITED STATES

No. 29136.

434 F.2d 907 (1970)

David Roger LETTSOME, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 16, 1970.

Attorney(s) appearing for the Case

William D. Ruckelshaus, Asst. Atty. Gen., Robert W. Rust, U. S. Atty., Morton Hollander, Michael C. Farrar, Attys., Dept. of Justice, Washington, D. C., for defendant-appellant.

Arthur Roth, W. Clinton Green and Samuel Z. Goldman, Green & Hastings, Miami, Fla., for plaintiff-appellee.

Before BELL, THORNBERRY, and CLARK, Circuit Judges.

BELL, Circuit Judge:

This is the second appeal of this matter. The facts are set out in detail in the opinion of the court rendered on the prior appeal. Lettsome v. United States, 5 Cir., 1969, 411 F.2d 917.

The issues now presented arise out of our remand order and out of the action of the district court on remand. One ground of the prior appeal by the government was that the district court failed to pass on its contention...

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