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UNITED STATES v. BROWN

No. 18122.

436 F.2d 1317 (1971)

UNITED STATES of America v. Howell Rayful BROWN, a/k/a Howell Brown, Appellant.

United States Court of Appeals, Third Circuit.

Reargued November 24, 1970.

Decided January 15, 1971.

Attorney(s) appearing for the Case

E. Curry First, Hayes, Peck, Perry & Gerlach, Milwaukee, Wis., for appellant.

Charles B. Burr, II, Asst. U. S. Atty., Philadelphia, Pa., for appellee.

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

Argued March 6, 1970

Before SEITZ, VAN DUSEN and ADAMS, Circuit Judges.

Reargued Nov. 24, 1970

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

OPINION OF THE COURT

SEITZ, Circuit Judge.

This appeal is from a judgment and commitment entered on a finding of guilty following a trial to the court on an indictment charging a knowing refusal

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