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UNITED STATES v. COLBERT

No. 71-2097.

454 F.2d 801 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. James Andrew COLBERT and Michael Beryl Reese, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 1, 1972.

Attorney(s) appearing for the Case

Jack Drake, Drake & Knowles, University, Ala., for defendants-appellants.

Wayman G. Sherrer, U. S. Atty., L. Scott Atkins, John S. Salter, Asst. U. S. Attys., Birmingham, Ala., for plaintiff-appellee.

Before TUTTLE, GOLDBERG and DYER, Circuit Judges.

Rehearing En Banc Denied June 1, 1972.

GOLDBERG, Circuit Judge:

On the evening of October 24, 1970, officers Donald R. Trimm and B. D. Pitts of the Birmingham, Alabama, police department, en route to the investigation of an incident on Birmingham's north side, noticed the defendants, James Colbert and Michael Reese, standing empty-handed in front of a nightclub. At that time Officer Trimm observed that defendant Colbert fit the general description of a man...

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