283 F2d 695 Getchell v. United States

283 F.2d 695

Harry S. GETCHELL, Hollis Rinehart, William F. Powers and
Francis E. Getchell, Appellants,
UNITED STATES of America, Appellee.

No. 17338.

United States Court of Appeals Fifth Circuit.

Nov 22, 1960.

Appeal from the United States District Court for the Southern District of Florida; Joseph P. Lieb, Judge.

Cody Fowler, Walter Humkey, Harvie S. DuVal, Emmett W. Kehoe, Miami, Fla., Paul Kickliter, Herbert S. Phillips, Tampa, Fla., Chester Bedell, Jacksonville, Fla., for appellant.

James Guilmartin, U.S. Atty., Miami, Fla., for appellee.

Before RIVES, Chief Judge, and TUTTLE and BROWN, Circuit Judges.


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The petition for rehearing in the above styled and numbered cause, 282 F.2d 681, is hereby




TUTTLE, Circuit Judge.


I dissent from the order denying the petition for rehearing. I am of the opinion that the rehearing should be granted and the original judgment of this Court be modified in accordance with the views expressed by me in my dissenting opinion.