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UNITED STATES v. PANNELL

No. 12135.

387 A.2d 736 (1978)

UNITED STATES, Appellant, v. Major A. PANNELL, Jr. and Robert W. Dean, Appellees.

District of Columbia Court of Appeals.

June 28, 1978.

Attorney(s) appearing for the Case

Michael W. Farrell, Asst. U. S. Atty., Washington, D. C. with whom Earl J. Silbert, U. S. Atty., John A. Terry and Robert I. Richter, Asst. U. S. Attys., Washington, D. C., were on the petition for appellant.

Robert F. Muse, Public Defender Service, Washington, D. C., for appellee Major A. Pannell, Jr.

Michael J. Walsh, Washington, D. C., appointed by this Court, for appellee Robert W. Dean.

Before NEWMAN, Chief Judge and KELLY, KERN, GALLAGHER, NEBEKER, YEAGLEY, HARRIS, MACK and FERREN, Associate Judges.

On Petition for Rehearing or Rehearing En Banc

PER CURIAM.

ORDER

On consideration of appellant's petition for rehearing or in the alternative for rehearing en banc, and it appearing that a majority of the judges of this Court have voted to deny the petition, it is

ORDERED that the en banc petition is denied; and it is

FURTHER ORDERED by the merits division that the petition for rehearing is denied.

Associate Judges NEBEKER...

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