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BALLANTYNE v. UNITED STATES

No. 18700.

294 F.2d 958 (1961)

Ray C. BALLANTYNE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

October 11, 1961.

Attorney(s) appearing for the Case

Joseph Cash, Louis W. Graves, Jr. (on appeal only), Houston, Tex., for appellant.

R. F. Wheless, Jr., Asst. U. S. Atty., Houston, Tex., for appellee.

Before HUTCHESON, RIVES and WISDOM, Circuit Judges.

PER CURIAM.

Counsel for appellant, in his motion for rehearing, takes vigorous exception to this paragraph in the court's opinion, 293 F.2d 112, 113:

"Appellant did not testify, nor did he offer any convincing testimony in support of his claim that the monies he received on account of contracts were not income but were repayment of indebtedness and, therefore, a return of capital. Neither did he make proffer of any testimony...

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