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UNITED STATES v. ABEL

No. 76-2819.

548 F.2d 591 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph E. ABEL, Sr., Larry Neal Whittington, James Glenn Gibson, Alfred Ephrem Lavoie and John Frederick Steuber, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 11, 1977.

Attorney(s) appearing for the Case

Arthur B. Parkhurst, Fort Lauderdale, Fla., for defendants-appellants.

Robert W. Rust, U.S. Atty., Karen L. Atkinson, C. Wesley G. Currier, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before JONES, COLEMAN and TJOFLAT, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 11, 1977.

JONES, Circuit Judge:

C.I.M. Associates, Inc., was the owner of a DC-3 aircraft. Henry Maierhoffer was its president and executive officer and owned all of its capital stock. Earl Jordan had the use of the aircraft through an ownership or other interest. The appellant, Abel, had used the aircraft several times pursuant to an arrangement with Jordan. Agents of the Drug Enforcement Agency suspected that...

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