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UNITED STATES v. BARNETTE

Nos. 76-1890, 76-2222.

549 F.2d 398 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Jim S. BARNETTE, Defendant-Appellant. James H. HOGUE, Acting Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. TROY MOTORS, INC., a corporation, et al., Defendants, Jim S. Barnette, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 25, 1977.

Attorney(s) appearing for the Case

Al J. Sansone, Montgomery, Ala., for defendant-appellant in Nos. 76-1890 and 76-2222.

Ira DeMent, U.S. Atty., Kenneth E. Vines, Asst. U.S. Atty., Montgomery, Ala., for plaintiff-appellee in No. 76-1890.

Norman G. Winston, Assoc. Reg. Sol., U.S. Dept. of Labor, Birmingham, Ala., William J. Kilberg, Sol. of Labor, Carin Ann Clauss, Jacob I. Karro, Ovida C. Prevost, Sandy McCormack, Attys., U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellee in No. 76-2222.

Before TUTTLE, CLARK and RONEY, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion January 31, 1977, 5 Cir., 1977, 546 F.2d 187)

TUTTLE, Circuit Judge:

The petition for rehearing misstates the record. It states:

"Counsel contends that the Government absolutely had to show that Mr. Barnette received a copy of the order, which they did not and could not. The District Court's file reflects that only Mr. Barron signed acknowledging receipt of a copy of...

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