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UNITED STATES v. KUHN

No. 80-1207 Summary Calendar.

638 F.2d 17 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Robert J. KUHN, Jose C. Davila, and Doyle E. Huckabee, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A

February 23, 1981.

Attorney(s) appearing for the Case

James Daniel (Jay) Doyle, III, Austin, Tex., for defendant-appellant Davilla.

Albert A. Pena, III, Corpus Christi, Tex., for defendant-appellant Huckabee.

Richard Witte Alexander, Austin, Tex., for defendant-appellant Kuhn.

LeRoy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GEE, RUBIN and RANDALL, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion Nov. 5, 1980, 5 Cir., 629 F.2d 1087)

PER CURIAM:

In our original opinion, we decided the merits of this attempted Abney1-type appeal on the assumption that we had jurisdiction to do so, expressly reserving that question. Since then it has been determined that we lack such jurisdiction. United States v. Becton...

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