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United States v. Newby

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: December 29, 1993.

UNITED STATES OF AMERICA
v.
GENE FRANCIS NEWBY, APPELLANT

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Before: Sloviter, Chief Judge; Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, Roth, and Lewis, Circuit Judges

Author: Cowen

SUR PETITION FOR REHEARING

The petition for rehearing filed by appellant Gene Francis Newby having been submitted to the Judges who participated in the decision of this court and to all the other available circuit Judges of the circuit in regular active service, and no Judge who concurred in the decision having asked for rehearing, and a majority of the circuit Judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.

Judge Becker and Judge Stapleton would have granted rehearing in banc.

By the Court,

Robert E. Cowen

Circuit Judge

Dated: December 29, 1993

19931229

© 1998 VersusLaw Inc.



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