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UNITED STATES v. CAROLLO

No. 74-1420.

507 F.2d 50 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony S. CAROLLO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 13, 1975.

Attorney(s) appearing for the Case

Michael F. Barry, New Orleans, La., for defendant-appellant.

Gerald J. Gallinghouse, U. S. Atty., Stephen A. Mayo, J. Phillip Krajewski, Asst. U. S. Attys., New Orleans, La., for plaintiff-appellee.

Before WISDOM, GOLDBERG and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 13, 1975.

On Petition for Rehearing

PER CURIAM:

In response to the petition for rehearing, the prior unpublished opinion of the Court is withdrawn and the following is substituted.

Defendant-appellant Carollo, a restaurant proprietor, was convicted of having violated 26 U.S.C. § 5117(a) by purchasing distilled spirits for resale from one who was neither...

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