UNITED STATES v. SCOTT

No. 76-1533.

579 F.2d 1013 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. John Arthur SCOTT, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

August 4, 1978.


Attorney(s) appearing for the Case

Frank S. Spies, U. S. Atty., Robert C. Greene, Grand Rapids, Mich., for plaintiff-appellant.

William C. Marietti, Boeschenstein, Marietti, Mullally & Grimm, Muskegon, Mich., for defendant-appellee.

Before PHILLIPS, Chief Judge, WEICK, Circuit Judge, and PECK, Senior Circuit Judge.


ORDER

By per curiam opinion filed herein November 23, 1976, 544 F.2d 903, we held that this Court was without jurisdiction to consider this appeal on the basis of "what has been referred to as the Wilson-Jenkins-Serfass trilogy." In present context, Jenkins lies at the heart of the trilogy and was thus the underlying basis of our opinion, as the Supreme Court recognized in observing, "We have . . . decided to overrule...

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