Opinion
No. 73-1083.
July 8, 1974.
Ray Gene Smith, Wichita Falls, Tex. (Court-appointed), for defendant-appellant.
Anthony J. P. Farris, U.S. Atty., Robert G. Darden, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of Texas; Ben C. Connally, Chief Judge.
Before BROWN, Chief Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RONEY and GEE, Circuit Judges.
The Court has considered the petition for rehearing en banc with respect to the retroactivity issue only, and is of the opinion that the decision of the panel 5 Cir., 492 F.2d 37 is correct. The petition for rehearing is in all other respects denied by the panel.