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UNITED STATES v. TOSCANINO

No. 746, Docket 73-2732.

504 F.2d 1380 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco TOSCANINO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Dissenting Opinion October 8, 1974.

Attorney(s) appearing for the Case

David G. Trager, U. S. Atty., for petitioner; Edward R. Korman, Chief Asst. U. S. Atty., of counsel.

Dissenting Opinion October 8, 1974. For majority opinion, see 500 F.2d 267.

IRVING R. KAUFMAN, Chief Judge.

A poll of the judges in regular active service having been taken at the request of such a judge as to whether this action should be reheard en banc and there being no majority in favor thereof, it is

Ordered that rehearing en banc is denied.

MULLIGAN, Circuit...

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