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UNITED STATES v. HAYS

No. 25949.

454 F.2d 274 (1972)

UNITED STATES of America, Plaintiff and Appellee, v. James Gilbert HAYS, Appellant.

United States Court of Appeals, Ninth Circuit.

January 7, 1972.

Attorney(s) appearing for the Case

Philip Mahoney (argued), Seattle, Wash., for appellant.

Charles Pinnell, Asst. U. S. Atty. (argued), Stan Pitkin, U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before CHAMBERS, BROWNING and CARTER, Circuit Judges.

PER CURIAM:

The opinion in this case, United States v. Hays, reported at 438 F.2d 538, is withdrawn. The mandate is recalled and the following is substituted therefor as the court's opinion:

The court adheres to the view that on the merits the case should be affirmed.

As to the motion for new trial on the ground of newly discovered evidence, the order denying the motion for new trial is affirmed.

We hold that...

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