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DUPREE v. UNITED STATES

No. 12617.

266 F.2d 373 (1959)

Eugene DUPREE, Appellant v. UNITED STATES.

United States Court of Appeals Third Circuit.

May 8, 1959.

Attorney(s) appearing for the Case

William J. Woolston, Philadelphia, Pa., for appellant.

John G. Laughlin, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Harold K. Wood, U. S. Atty., Philadelphia, Pa., Samuel D. Slade, Douglas A. Kahn, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

PER CURIAM.

The petition of Eugene Dupree for leave to file petition for reargument out of time is granted.

The petition for rehearing is premised on the fact that in our Opinion filed February 24, 1959, we cited with approval Builders Corporation of America v. United States, D.C.N.D.Cal.1957, 148 F.Supp. 482, and the fact that the United States Court of Appeals for the Ninth Circuit had reversed in that case, ...

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