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SCARPA v. U. S. BOARD OF PAROLE

No. 71-1602.

477 F.2d 278 (1973)

Robert J. SCARPA, Petitioner-Appellant, v. U. S. BOARD OF PAROLE, Walter Dunbar, Chairman, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 25, 1973.

Attorney(s) appearing for the Case

Professor Donald Wilkes, Jr., University of Georgia School of Law, Athens, Ga., Professor Issac B. Covington, III, University of Georgia School of Law, Athens, Ga., for petitioner-appellant.

John W. Stokes, U. S. Atty., Richard H. Still, Jr., Asst. U. S. Atty., Atlanta, Ga., for respondents-appellees.

Before JOHN R. BROWN, Chief Judge, TUTTLE, Senior Circuit Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, INGRAHAM and RONEY, Circuit Judges.

GEWIN, Circuit Judge:

After affording careful and respectful consideration to the views expressed in the majority panel's disposition of the instant case,1 this court acting en banc reverses the decision of the panel. The district court's judgment dismissing appellant's complaint is therefore affirmed.

In view of the statement of facts contained in the majority and dissenting panel opinions it is necessary to set forth only brief...

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