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DUPREE v. UNITED STATES

No. 14659.

220 F.2d 748 (1955)

C. A. DUPREE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fifth Circuit.

April 15, 1955.

Attorney(s) appearing for the Case

John D. Cofer and G. Hume Cofer, Austin, Tex., for appellant.

C. F. Herring, U. S. Atty., Bradford F. Miller, Asst. U. S. Atty., San Antonio, Tex., for appellee.

Before HOLMES and TUTTLE, Circuit Judges, and ALLRED, District Judge.

PER CURIAM.

We have carefully considered the motion for rehearing filed by the United States. In the light of the teaching of Holland v. United States,1 which was not available to the Government when presenting this case or to the trial court when considering the difficult issues involved [218 F.2d 783], "`appellate courts should review the cases [of this general type] bearing constantly in mind the difficulties that arise when circumstantial...

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