UNITED STATES v. SISK

No. 79-5369.

629 F.2d 1174 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Edward SISK, Charles Benson, Jr., Charles Frederick "Fred" Taylor, and William Aubrey Thompson, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 18, 1980.

Rehearing Denied October 7, 1980.


Attorney(s) appearing for the Case

Cecil D. Branstetter, Robert H. Schwartz, Nashville, Tenn., John F. Dugger, Morristown, Tenn., Robert J. Shockey, Chattanooga, Tenn., for defendants-appellants.

Hal D. Hardin, U. S. Atty., Joe B. Brown, William Cohen, Asst. U. S. Attys., Nashville, Tenn., for plaintiff-appellee.

Before LIVELY and MARTIN, Circuit Judges, and PECK, Senior Circuit Judge.


JOHN W. PECK, Senior Circuit Judge.

This case comes before us as the last link in an improbable chain of events. Two questions are presented: first, whether there was "manifest necessity" for the district court's sua sponte declaration of a mistrial, so that retrial of appellants was not barred by the Double Jeopardy Clause of the Fifth Amendment; second, whether a government entity can be an "enterprise" within the scope of the "Racketeer Influenced and Corrupt...

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