judicial notice taken of the fact that banks keep microfilm or other photographic copy of each check drawn and cashed by its customers on account in its bank
How later courts described this case
- judicial notice taken of the fact that banks keep microfilm or other photographic copy of each check drawn and cashed by its customers on account in its bank
- focus of the test is upon “the ultimate possibility of harm to the defendant”
Written by the judges who cited it.
The opinion
ORDER
PER CURIAM.
On consideration of appellee’s Petition for Rehearing, En Bane, and appellant’s opposition thereto, it is
ORDERED by the Court, En Banc, that appellee’s aforesaid petition is denied.
Circuit Judges DANAHER, BURGER and TAMM would grant appellee’s petition for rehearing en banc.
A separate statement of Circuit Judge MeGOWAN, concurred in by Circuit Judges LEVENTHAL and ROBINSON, as to why he voted against rehearing en banc is attached.
A separate statement of Circuit Judge WRIGHT as to why he voted against rehearing en banc is attached.
*1222 A separate statement of Circuit Judge DANAHER as to why he voted for rehearing en banc is attached.
A separate statement of Circuit Judge BURGER as to why he voted for rehearing en banc is attached.
Separate Statement of Circuit Judge Mc-GOWAN, concurred in by Circuit Judges LEVENTHAL and ROBINSON, on Votes to Deny Rehearing En Banc