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UNITED STATES v. GRIFFIN

No. 79-1513.

617 F.2d 1342 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. James Douglas GRIFFIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 22, 1980.

Attorney(s) appearing for the Case

David M. Heller, Phoenix, Ariz., for defendant-appellant.

D. Danneman, Asst. U. S. Atty., Phoenix, Ariz., for the U. S.

Before TRASK and KENNEDY, Circuit Judges, and KELLEHER, District Judge.

KELLEHER, District Judge:

Griffin appeals the District Court's order denying his motion to dismiss the indictment on the grounds of vindictive prosecution. We must determine if such an order may be appealed, before trial, as a final decision within the meaning of 28 U.S.C. § 1291. If it is subject to an interlocutory appeal, we must then decide whether the trial court erred in refusing to dismiss the indictment.

In September, 1976, the Labor-Management...

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