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UNITED STATES v. HANKINS

No. 79-1015.

631 F.2d 360 (1980)

UNITED STATES of America and Samuel James Baker, Special Agent, Internal Revenue Service, Plaintiff-Appellee, v. A. Burton HANKINS, Defendant, Hugh C. Montgomery, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 7, 1980.

Attorney(s) appearing for the Case

Charles L. Brocato, Jackson, Miss., for defendant-appellant.

James B. Persons, Biloxi, Miss., Terry Philip Segal, Boston, Mass., Byrne A. Bowman, Oklahoma City, Okl., amicus curiae.

H. M. Ray, U. S. Atty., Thomas W. Dawson, Asst. U. S. Atty., Oxford, Miss., William A. Whitledge, Charles E. Brookhart, M. Carr Ferguson, Asst. Attys. Gen., Gilbert E. Andrews, Michael L. Paup, Attys., Tax Division, U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before TUTTLE, RANDALL and TATE, Circuit Judges.

TUTTLE, Circuit Judge:

The Court sua sponte withdraws the opinion previously published in this case under date of August 21, 1980, 624 F.2d 649 and substitutes the following opinion in its place.

Before TUTTLE, RANDALL and TATE, Circuit Judges.

TUTTLE, Circuit Judge:

This is an appeal by Hugh C. Montgomery, Jr., attorney for A. Burton Hankins, from a judgment...

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