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UNITED STATES v. FUTCH

No. 79-2723.

637 F.2d 386 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Henry FUTCH and Jack Roger Fowler, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

February 19, 1981.

Attorney(s) appearing for the Case

Clyde M. Taylor, Tallahassee, Fla., for Futch.

Alvin E. Entin, Ronald A. Dion, North Miami Beach, Fla., for Fowler.

William T. Moore, U. S. Atty., Augusta, Ga., Melissa S. Mundell, David Roberson, William H. McAbee II, Asst. U. S. Attys., Savannah, Ga., for plaintiff-appellee.

Before KRAVITCH and FRANK M. JOHNSON, Jr., Circuit Judges, and ALLGOOD, District Judge.

ALLGOOD, District Judge:

This is an appeal from an order of the United States District Court for the Southern District of Georgia denying the appellants' motion to dismiss the indictment against them on the ground of double jeopardy. The question raised by the parties on this appeal is whether the district court was correct in its disposition of that motion. Our review of the record in this case persuades us that the decision...

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