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UNITED STATES v. BALLARD

Nos. 79-5268, 80-5752.

680 F.2d 352 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Walter L. BALLARD, James R. Clark, Ronald B. Pruitt and John L. Burns, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Walter BALLARD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

July 12, 1982.

Attorney(s) appearing for the Case

Bruce S. Rogow, Nova University Law Center, Fort Lauderdale, Fla., for Ballard.

Ellis C. McCullough, Houston, Tex., for Clark.

Olney G. Wallis, Houston, Tex., for Pruitt and Burns.

G. Ernest Caldwell, Houston, Tex., for Burns.

Judy S. Rice, W. Christian Hoyer, Asst. U. S. Attys., Tampa, Fla., for plaintiff-appellee.

Before MARKEY, Chief Judge, and HILL and HENDERSON, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

The United States has filed a petition for rehearing asserting that we misunderstood certain facts which were crucial to our disposition of this case. We deny the petition, but we modify our opinion (reported at 5th Cir., 663 F.2d 534) as explained below in order to clarify the grounds upon which we reversed the appellants' convictions.

The appellants1

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