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UNITED STATES v. GOLDSTEIN

No. 796, Docket 73-1165.

479 F.2d 1061 (1973)

UNITED STATES of America, Appellant, v. Albert GOLDSTEIN et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided May 25, 1973.

Attorney(s) appearing for the Case

Michael B. Pollack, Atty., Dept. of Justice (Dennis E. Dillon, Atty., Dept. of Justice, Robert A. Morse, U. S. Atty., E. D. N. Y., L. Kevin Sheridan, Asst. U. S. Atty., on the brief), for appellant.

Thomas J. O'Brien, New York City (Kostelanetz & Ritholz, James M. La Rossa, Joseph E. Brill, New York City, on the brief), for appellees Goldstein, Caesar, Jacobson and Geller.

Jerome Lewis, New York City (H. Elliot Wales, New York City, on the brief), for appellee Wisch.

Before CLARK, Associate Justice, and WATERMAN and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

The United States seeks to appeal from a pre-trial order of the United States District Court for the Eastern District of New York, Jack B. Weinstein, J., dismissing an indictment against appellees on the ground that a mistrial declared in a prior trial on the same indictment was unwarranted, and that reprosecution would violate the double jeopardy clause of the fifth amendment. Under the recently amended Criminal Appeals Act, 18 U.S.C.A. ...

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