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UNITED STATES v. MacDONALD

No. 79-5253.

635 F.2d 1115 (1980)

UNITED STATES of America, Appellee, v. Jeffrey R. MacDONALD, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 18, 1980.

Attorney(s) appearing for the Case

Bernard L. Segal, Stephen Siegel, Sara A. Simmons, San Francisco, Cal., Professor Ralph Spritzer, Philadelphia, Pa., Michael J. Malley, Washington, D. C., and Wade M. Smith, Raleigh, N. C., for appellant.

James L. Blackburn, First Asst. U. S. Atty., Raleigh, N. C., and Brian M. Murtagh, Atty., U. S. Dept. of Justice, Washington, D. C., for appellee.

PER CURIAM:

The petition for rehearing is denied, Judge Bryan dissenting. A majority of the judges of the Court who are in regular active service has not voted in favor of rehearing en banc, and the request therefor is accordingly denied.

Annexed hereto are:

(1) Dissenting statement of Chief Judge HAYNSWORTH. (2) Dissent of Circuit Judge DONALD RUSSELL, Circuit Judge WIDENER, Circuit Judge K. K. HALL and Circuit Judge PHILLIPS.

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