Ernest Jackson Cottle, Petitioner-appellee, v. Louie L. Wainwright, Director, Division of Corrections,respondent-appellant, 489 F.2d 1274 (5th Cir. 1974)

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US Court of Appeals for the Fifth Circuit - 489 F.2d 1274 (5th Cir. 1974) Feb. 22, 1974

Robert L. Shevin, Atty. Gen., Wallace E. Albritton, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellant.

Moe B. Safer, Jacksonville, Fla. (Court-appointed), for petitioner-appellee.

Before BROWN, Chief Judge, TUTTLE, Senior Circuit Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RONEY and GEE, Circuit Judges.


By the Court:

The Court on its own motion having taken the case for rehearing en banc, the en banc Court is dissolved and the cause remanded to the panel for disposition. (For panel disposition see F.2d) See Gagnon v. Scarpelli, 1973, 411 U.S. 778, 93 S. Ct. 1756, 36 L. Ed. 2d 656; Wainwrght v. Cottle, 1973, 414 U.S. 895, 94 S. Ct. 221, 38 L. Ed. 2d 138.

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