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UNITED STATES v. CLARK

No. 79-5102.

622 F.2d 917 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Hollis CLARK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 31, 1980.

Attorney(s) appearing for the Case

Thomas C. Bianco, Atlanta, Ga., for defendant-appellant.

Craig A. Gillen, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before COLEMAN, Chief Judge, and BROWN, AINSWORTH, GODBOLD, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON and THOMAS A. CLARK, Circuit Judges.

PER CURIAM:

The order granting a rehearing en banc, 608 F.2d 238, is vacated as having been improvidently granted on the record before us, and the panel opinion, 598 F.2d 994, is reinstated.

GEE, Circuit Judge, with whom BROWN, CHARLES CLARK, TJOFLAT, FAY, REAVLEY, POLITZ, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, and THOMAS A. CLARK, Circuit Judges, join, specially concurring.

I concur...

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