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UNITED STATES v. MELCHOR MORENO

No. 75-2957.

543 F.2d 1175 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Ivan MELCHOR MORENO and Rigoberto Melchor Moreno, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 10, 1976.

Attorney(s) appearing for the Case

Wayne E. Windle, Jr., El Paso, Tex., for Rigoberto Moreno.

Dan L. Armstrong, El Paso, Tex., for Ivan Moreno.

John Clark, U.S. Atty., San Antonio, Tex., Ronald F. Ederer, Michael T. Milligan, Asst. U.S. Attys., El Paso, Tex., for plaintiff-appellee.

Before WISDOM, GODBOLD and LIVELY, Circuit Judges.

ON PETITION AND SUPPLEMENTAL PETITION FOR REHEARING

(Opinion dated August 9, 1976, 5th Cir., 536 F.2d 1042)

PER CURIAM:

In footnote 3 of our opinion we referred to the holding of United States v. Godkins, 527 F.2d 1321 (CA5, 1976), that the government's privilege against revealing the identity of an informer may be invoked only when the government seeks to avoid disclosure...

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