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UNITED STATES v. ALLISON

No. 72-2828.

487 F.2d 339 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Carlton Ellis ALLISON et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 13, 1973.

Attorney(s) appearing for the Case

Arthur J. Hanes, Sr., Birmingham, Ala., for Allison and Perry.

J. Terry Huffstutler, Jr., Guntersville, Ala., for Holladay.

Robert B. French, Jr., Fort Payne, Ala., for Ralph Marquez.

James R. Venable, Decatur, Ga., for Bryant, Denson and Robinson.

Larry L. Debus, Phoenix, Ariz., for M. Marquez.

Wayman G. Sherrer, U. S. Atty., Albert C. Bowen, Jr., Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and DYER, Circuit Judges.

PER CURIAM:

This Dyer Act case was remanded to the district court for a limited post-trial hearing to determine whether there is a reasonable possibility that the presence of the alternate juror during the jury's deliberations affected the jury's verdict. The factual circumstances requiring the remand order and the directions given to the district court for an evidentiary hearing appear in our prior opinion, United States v. Allison, etc., 5 Cir. 1973,

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