United States v. Daniel J. Driscoll

On Petition for Rehearing

LUMBARD, Chief Judge.

A petition for a rehearing containing a suggestion that the appeal be reheard in banc having been filed herein by counsel for appellee, United States of America, Chief Judge Lumbard and Judges Moore, Friendly, and Anderson vote to grant the rehearing in banc, Judges Waterman, Smith, Hays, and Feinberg vote to deny, Judge Kaufman not participating.

Therefore, less than a majority of the active members of the court having voted to grant the rehearing in banc, it is

Ordered that said petition be and it hereby is denied.