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UNITED STATES v. WAGONER

No. 7192.

321 A.2d 211 (1974)

UNITED STATES, Appellant, v. Stanley C. WAGONER, Appellee.

District of Columbia Court of Appeals,

Decided June 7, 1974.

Attorney(s) appearing for the Case

John A. Terry and Lee Cross, Asst. U. S. Attys., for appellant.

William W. Taylor, III, Washington, D. C., appointed by this court, with whom Robert M. Weinberg, Washington, D. C., was on the petition for appellee.

Before REILLY, Chief Judge, and KELLY, FICKLING, KERN, GALLAGHER, NEBEKER, PAIR (Retired), YEAGLEY and HARRIS, Associate Judges.

On Petition for Rehearing En Banc.

ORDER

PER CURIAM.

On consideration of appellee's petition for rehearing en banc and a majority of the active judges not being in favor of granting said petition, it is

Ordered that appellee's aforesaid petition is denied.

GALLAGHER, Associate Judge, with whom FICKLING, KERN and PAIR, Associate Judges, join, dissenting:

We would grant the petition for rehearing en banc because...

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