Dove v. United States, 423 U.S. 325 (per curiam) (1976)

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U.S. Supreme Court DOVE v. UNITED STATES, 423 U.S. 325 (1976) 423 U.S. 325

DOVE v. UNITED STATES. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 75-543. 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.

[Page 423 U.S. 325, 326]

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