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UNITED STATES v. BENDIS

Nos. 80-1301, 80-1302 and 80-1310.

681 F.2d 561 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Robert I. BENDIS, Andrew D'Amato, Armand Mucci, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 15, 1981.

As Amended May 24, 1982.

Rehearing and Rehearing Denied June 1, 1982.

Certiorari Denied November 1, 1982.

Attorney(s) appearing for the Case

William C. McCorriston, Goodsill, Anderson & Quinn, Honolulu, Hawaii, for Bendis.

William Sandkuhler, III, Honolulu, Hawaii, for D'Amato.

Peter C. Wolff, Hart & Wolff, Honolulu, Hawaii, for Mucci.

William C. Bryson, Dept. of Justice, Washington, D. C. (argued), for plaintiff-appellee; Daniel A. Bent, Asst. U. S. Atty., Honolulu, Hawaii, on brief.

Before GOODWIN, HUG and POOLE, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 1, 1982.

Certiorari Denied November 1, 1982. See 103 S.Ct. 306.

POOLE, Circuit Judge:

These are interlocutory appeals from the orders of the district court denying appellants' motions to dismiss an indictment returned against them in the District of Hawaii. Appellants contend that the Hawaii indictment is barred by the Double Jeopardy Clause of the Fifth Amendment, is the product of vindictive prosecution...

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