UNITED STATES v. LARKIN

No. 78-2124.

611 F.2d 585 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas A. LARKIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 8, 1980.


Attorney(s) appearing for the Case

James M. Russ, I. Paul Mandelkern, Orlando, Fla., for defendant-appellant.

David B. Smith, Appellate Sec., Crim. Div., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and GEE, Circuit Judges.


ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion November 5, 1979, 5 Cir., 1979, 605 F.2d 1360).

GOLDBERG, Circuit Judge.

The appellant's petition for rehearing is denied. The appellee's petition for rehearing is granted.

In our initial opinion, reported at 605 F.2d 1360, we held that Larkin could not be retried under count one for conspiring to embezzle...

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