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WEINBERGER v. UNITED STATES

No. 76-4365.

559 F.2d 401 (1977)

David P. WEINBERGER, Esq., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 19, 1977.

Attorney(s) appearing for the Case

David P. Weinberger, West Miami, Fla., pro se.

Robert W. Rust, U. S. Atty., William R. Northcutt, Asst. U. S. Atty., Miami, Fla., for defendant-appellee.

Before AINSWORTH, MORGAN and GEE, Circuit Judges.

ON PETITION FOR REHEARING, PETITION FOR REHEARING EN BANC AND MOTION TO VACATE

(Opinion July 5, 1977, 5 Cir. 1977, 555 F.2d 1390).

GEE, Circuit Judge:

Appellant Weinberger has filed, in addition to a petition for rehearing, a motion to vacate our judgment of affirmance. He asserts we lack jurisdiction of this matter for want of a judgment complying with the requirement of Rule 58, Fed.R.Civ.P., that each...

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