DOVE v. UNITED STATES

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United States Supreme Court

DOVE v. UNITED STATES, (1976)

No. 75-543

Argued:     Decided: January 19, 1976

Petitioner's death pending review by certiorari requires dismissal of petition. Durham v. United States, 401 U.S. 481 , overruled.

Certiorari dismissed. See 506 F.2d 1398.

PER CURIAM.

The Court is advised that the petitioner died at New Bern, N.C., on November 14, 1975. The petition for certiorari is therefore dismissed. To the extent that Durham v. United States, 401 U.S. 481 (1971), may be inconsistent with this ruling, Durham is overruled.

    It is so ordered.

MR. JUSTICE WHITE dissents. [423 U.S. 325, 326]  

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