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UNITED STATES v. SAMUELS

No. 85-2002.

808 F.2d 1298 (1987)

UNITED STATES of America, Appellee, v. Michael Keith SAMUELS, Appellant.

United States Court of Appeals, Eighth Circuit.

January 9, 1987.

Attorney(s) appearing for the Case

Sylvester James, Jr., Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., for appellant.

Robert G. Ulrich, Jr., U.S. Atty., J. Whitfield Moody, Asst. U.S. Atty., Kansas City, Mo., for U.S.

Before LAY, Chief Judge, and HEANEY, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN and MAGILL, Circuit Judges.

ORDER DENYING MOTION FOR REHEARING EN BANC.

A request has been made by an active judge of this court for a rehearing en banc; the request is denied for the reason that a majority of circuit judges, who are in regular active service, have failed to vote in favor of it.

ROSS, GIBSON, FAGG, BOWMAN and WOLLMAN, Circuit Judges, would vote in favor of it.

Separate statement of LAY, Chief Judge.

I concur...

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