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DIXON v. UNITED STATES

No. 5829.

287 A.2d 89 (1972)

Alvin J. DIXON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 31, 1972.

Rehearing and Rehearing En Banc Denied February 18, 1972.

Attorney(s) appearing for the Case

Harvey L. Zuckman, Washington, D. C., appointed by this court, for appellant.

John A. McCahill, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and Robert P. Watkins, Asst. U. S. Attys., were on the brief, for appellee.

Before HOOD, Chief Judge, and KERN and REILLY, Associate Judges.

KERN, Associate Judge:

At issue in this appeal is the constitutionality of the statute enacted by Congress for the purpose of circumscribing in this jurisdiction the so-called "Luck" rule.1 (The pertinent portions of the statute, both prior to and after amendment, are set forth in the Appendix).

The facts of this case can be stated briefly. A construction company security officer testified for the Government that he saw...

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