McNICHOLS, District Judge.
This appeal presents a somewhat novel twist on an old Constitutional question. We are obliged to determine, on a somewhat unusual set of facts, whether or not a retrial of the appellant after a mistrial where the jury failed to agree, is violative of the double jeopardy or due process clauses of the Fifth Amendment.
The appellant was engaged in the business of assisting taxpayers in the preparation of federal income tax returns....
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