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UNITED STATES v. NOVELLI

No. 75-3078.

544 F.2d 800 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Raymond G. NOVELLI, Defendant, Fred L. Gaines, Claude T. Allen, Cornelius J. Kehoe, and Ray K. Bullock, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 3, 1977.

Attorney(s) appearing for the Case

Mary L. Sinderson, George A. Kelt, Jr., Jack O'Donnell, James R. Gough, Jr., Asst. U. S. Attys., Houston, Tex., for plaintiff-appellant.

Thomas W. Moore, Eric J. Hopkinson, Ray Montgomery, Houston, Tex., for Gaines.

J. Edwin Smith, Houston, Tex., for Kehoe and Allen.

Randy L. Schaffer, Jr., Houston, Tex., for Bullock.

Before JONES, WISDOM and GODBOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 3, 1977.

GODBOLD, Circuit Judge:

In a number of cases we have affirmed orders of district judges refusing to dismiss indictments for failure to comply with Rule 50(b) plans for prompt disposition of criminal cases.1 In this case we affirm the order of a district judge dismissing with prejudice indictments against five defendants2 for want of compliance with...

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