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Neely v. United States

May 5, 1977

VIRGINIA DARE NEELY, EXECUTRIX OF THE ESTATE OF CHARLES A. NEELY, DECEASED, ON HIS BEHALF AND ON BEHALF OF ALL MEMBERS OF A CLASS SIMILARLY SITUATED, APPELLANT
v.
UNITED STATES OF AMERICA



SUR PETITION FOR REHEARING

Present: SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

The petition for rehearing filed by Appellee in the above entitled case having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.

BY THE COURT, RUGGERO J. ALDISERT Judge

Judge Garth would have granted rehearing in banc.

19770505

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