Rehearing En Banc Granted June 28, 1972.
ON PETITION FOR REHEARING
TUTTLE, Circuit Judge:
When this case was reached on the calendar for oral argument, a misunderstanding between appointed counsel and the appellant Scarpa caused the court to dismiss the appeal on the ground of mootness. Upon subsequent representations by the appellant, and with the cooperation of counsel, it has now been made to appear that the appellant did have a substantial issue...
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