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UNITED STATES v. DUNBAR

Nos. 78-1602, 78-5050.

611 F.2d 985 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. William George DUNBAR, M. D., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 28, 1980.

Attorney(s) appearing for the Case

Randall M. Clark, Brunswick, Ga., for defendant-appellant.

Wm. T. Moore, Jr., U. S. Atty., Katherine L. Henry, William H. McAbee, II, Asst. U. S. Attys., Savannah, Ga., Wade Livingston, William C. Bryson, Washington, D. C., for plaintiff-appellee.

Before COLEMAN, Chief Judge, BROWN, GOLDBERG, AINSWORTH, GODBOLD, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, and THOMAS A. CLARK, Circuit Judges.

RONEY, Circuit Judge:

A panel of this Court vacated William George Dunbar's convictions on the ground that his filing of a notice of appeal from the district court's denial of a double jeopardy motion divested that court of jurisdiction to try him. United States v. Dunbar, 591 F.2d 1190 (5th Cir. 1979). This Court granted a petition for rehearing en banc, thus vacating the panel opinion. 600 F.2d 1192...

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