Opinion
No. 12184.
April 20, 1950.
Appeal from the United States District Court for the Northern District of California, Northern Division; Dal M. Lemmon, Judge.
On Rehearing.
Rehearing denied.
For former opinion, see 180 F.2d 596.
Fred N. Howser, Atty. Gen., Hartwell H. Linney, Chief Asst. Atty. Gen., State of California, for appellant.
A. DeVitt Vanech, Asst. Atty. Gen., Washington, D.C., Frank J. Hennessy, U.S. Atty., San Francisco, Cal., Emmet J. Seawell, Asst. U.S. Atty., Sacramento, Cal., Roger P. Narquis and Fred W. Smith, Attys., Dept. of Justice, Washington, D.C., for appellee.
Before POPE and GOODRICH, Circuit Judges and HALL, District Judge.
The petition for rehearing is denied.
As is the practice in this court, the petition for rehearing has been submitted to the division which decided the case, and the same majority which concurred in the opinion have voted to deny a rehearing. I agree that no useful purpose would be served by a reargument before this division, but I adhere to the views expressed in my dissenting opinion.