¶1Emmett Colvin, Dallas, Tex., for defendants-appellants.
¶2Frank D. McCown, U. S. Atty., Ft. Worth, Tex., William F. Sanderson, Jr., Asst. U. S. Atty., Dallas, Tex., for plaintiffappellee.
¶3ON PETITION FOR REHEARING
¶4Before DYER, CLARK and GEE, Circuit Judges.
¶6Appellant complains that the court, in denying his Brady claim, overlooked the fact that a Brady request was made at the trial level. Reexamining the trial record we find that a general request for Brady material was made but this in no way changes the standard of materiality to be applied. The Supreme Court has recently equated a general request with no request at all:
[W]e conclude that there is no significant difference between cases in which there has been merely a general request for exculpatory matter and cases, like the one we must now decide, in which there has been no request at all.
¶7United States v. Agurs, - U.S. -, 96 S.Ct. 2392, 2399, 49 L.Ed.2d 342 (1976).
¶8IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby DENIED.