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MacKENNA v. ELLIS

No. 18110.

289 F.2d 928 (1961)

Edward Morgan MacKENNA, Appellant, v. O. B. ELLIS, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

May 2, 1961.

Attorney(s) appearing for the Case

Martin L. C. Feldman, New Orleans, La., Edward Morgan MacKenna, Austin, Tex., for appellant.

John L. Estes, Linward Shivers, Tom I. McFarling, Asst. Attys. Gen., for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON, RIVES, CAMERON, JONES, BROWN and WISDOM, Circuit Judges.

PER CURIAM.

On the Court's own motion, our decision reported as MacKenna v. Ellis, 5 Cir., 1960, 280 F.2d 592, has been considered on rehearing before the Court en banc. The opinion and decision are modified in one respect only.

In lieu of the directions at the conclusion of the opinion as quoted in the margin,1 the following is substituted:

The judgment is therefore reversed and...

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