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IN RE UNITED STATES PAROLE COM'N

No. 85-1205.

793 F.2d 338 (1986)

In re UNITED STATES PAROLE COMMISSION, Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 1986.

Rehearing Granted and Opinion Vacated September 2, 1986.

Attorney(s) appearing for the Case

Nathan Dodell, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, R. Craig Lawrence and Michael J. Ryan, Asst. U.S. Attys., Washington, D.C., were on brief, for petitioner.

E. Charles Rowan, Jr., Washington, D.C., with whom Lynda S. Mounts and Stuart J. Bassin, Washington, D.C., were on brief, for respondent.

Before ROBINSON, Chief Judge, WALD, Circuit Judge, and McGOWAN, Senior Circuit Judge.

Rehearing En Banc Granted and Opinion Vacated September 2, 1986.

Opinion of the Court filed by Chief Judge SPOTTSWOOD W. ROBINSON, III.

SPOTTSWOOD W. ROBINSON, III, Chief Judge:

The United States Parole Commission petitions for a writ of mandamus directing the District Court to vacate an order denying the Commission's motion to dismiss a pending case for lack of jurisdiction. In the alternative, the Commission asks that the writ require the court to...

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