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UNITED STATES v. MILLER

No. 73-2405.

508 F.2d 588 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Mitchell MILLER, Susan McDuffie Weeks, and John Henry McDuffie, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 15, 1975.

Attorney(s) appearing for the Case

D. L. Rampey, Jr., Warner Robins, Ga., for Miller.

W. W. Larsen, Jr., Dublin, Ga., for Weeks and McDuffie.

William J. Schloth, U. S. Atty., Ronald T. Knight, O. Hale Almand, Asst. U. S. Attys., Macon, Ga., Ivan Michael Schaeffer, Appellate Sect., Crim. Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before GEWIN, GOLDBERG and CLARK, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion Sept. 13, 1974, 5 Cir., 1974, 500 F.2d 751).

PER CURIAM:

The Petition for Rehearing filed on behalf of Appellee (U.S.A.) is denied and the Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it, (Rule 35 Federal Rules of...

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