BANNISTER v. UNITED STATES

No. 18073.

446 F.2d 1250 (1971)

Richard Gordon BANNISTER, Appellant, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Reargued November 24, 1970.

Decided July 7, 1971.


Attorney(s) appearing for the Case

Eugene B. Strassburger, III, Strassburger & McKenna, Pittsburgh, Pa., for appellant.

Blair A. Griffith, Asst. U. S. Atty., Pittsburgh, Pa. (Richard L. Thornburgh, U. S. Atty., John H. Bingler, Jr., Asst. U. S. Atty., Pittsburgh, Pa., on the brief), for appellee.

Before HASTIE, Chief Judge, and BIGGS, FREEDMAN, SEITZ, VAN DUSEN, ALDISERT, ADAMS, GIBBONS and ROSENN, Circuit Judges.


PER CURIAM:

There is no majority opinion in this case. Judges Van Dusen, Adams and Rosenn join in the opinion of Judge Biggs that Bannister's judgments of conviction must be reversed and the case dismissed. Judge Aldisert joins in Judge Hastie's opinion that Bannister's judgments of conviction should be affirmed. Chief Judge Seitz equates his view to Judge Gibbons' opinion that the indictment is invalid and that the judgments of conviction must be reversed.

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