William Arthur Manning, Appellant, v. United States of America, Appellee, 280 F.2d 422 (5th Cir. 1960)

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US Court of Appeals for the Fifth Circuit - 280 F.2d 422 (5th Cir. 1960) August 2, 1960

Appeal from the United States District Court for the Southern District of Florida; J. Earl Major, Judge.

Philip T. Weinstein, Arthur B. Cunningham, Michael F. Zarowny, Miami Fla., for appellant.

David C. Clark, Jr., Asst. U. S. Atty, Miami, Fla., for appellee.

Before HUTCHESON, TUTTLE and WISDOM, Circuit Judges.


In light of Elkins v. United States, 1960, 80 S. Ct. 1437, and Rios v. United States, 1960, 80 S. Ct. 1431, it is ordered that the petition for rehearing filed in this cause be, and the same is hereby granted, 274 F.2d 926, and the judgment is reversed and the cause remanded to the district court for further and not inconsistent proceedings.