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ESKRIDGE v. UNITED STATES

No. 158-70.

443 F.2d 440 (1971)

Billy Mason ESKRIDGE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

June 7, 1971.

Attorney(s) appearing for the Case

James W. Creamer, Jr., Denver, Colo. (Flowers & Creamer, Denver, Colo., were on the brief), for petitioner-appellant.

Givens L. Adams, Asst. U. S. Atty., Oklahoma City, Okl. (William R. Burkett, U. S. Atty., on the brief; Will Wilson, Asst. Atty. Gen., and Theodore George Gilinsky and Michael C. Slonsky, Attys., Dept. of Justice, joined them on the petition for rehearing en banc), for respondent-appellee.

Before BREITENSTEIN, HILL and HOLLOWAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

We have considered a petition for rehearing en banc and motion to supplement the record on appeal. While the Court has concluded that rehearing en banc is not justified, the panel which heard the appeal has concluded that there is merit to the Government's position. The motion to supplement the record was not opposed and we grant that motion and have considered the supplemental record. For reasons that will be detailed below, we conclude that...

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