ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
Before THORNBERRY, MORGAN and CLARK, Circuit Judges.
PER CURIAM:In his Petition for Rehearing En Banc, appellant contends that he had been granted an extension of time to file a brief in reply to the Government’s brief until August 30, 1970, but that this Court issued its opinion on August 20th without the aid of his reply brief. A search of the clerk’s records fails to establish that an extension of time to file a reply brief was granted, and appellant has not provided us with a copy of any notification from the clerk that an extension had been granted.
Nevertheless, we have reconsidered the matters raised in the reply brief, and, having done so, we remain steadfast in the conclusions reached in our opinion of August 20, 1970.
Accordingly, the Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35, Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.