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UNITED STATES v. IVEY

No. 76-1205.

550 F.2d 243 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Johnnie William IVEY and Joseph Taglione, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 8, 1977.

Attorney(s) appearing for the Case

Lester J. Quartel (Court-appointed), Fort Lauderdale, Fla., for Ivey.

Fred Haddad (Court-appointed), Fort Lauderdale, Fla., for Taglione.

John L. Briggs, U. S. Atty, Jacksonville, Fla., Terrance Smiljanich, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before TUTTLE, CLARK and RONEY, Circuit Judges.

ON PETITIONS FOR REHEARING

(Opinion January 28, 1977, 5 Cir. 1977, 546 F.2d 139)

PER CURIAM:

In the original opinion in this case, United States v. Ivey, 546 F.2d 139 (5th Cir. 1977), the panel dismissed defendants' claim that error occurred when the prosecutor in rebuttal argument stated that either side could have called as a...

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