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KLOBUCHIR v. COM. OF PA.

No. 80-1925.

639 F.2d 966 (1981)

Howard James KLOBUCHIR, Appellant, v. COMMONWEALTH OF PENNSYLVANIA and the District Attorney of Allegheny County, Pennsylvania, Appellees.

United States Court of Appeals, Third Circuit.

Decided January 23, 1981.

Rehearing Denied March 23, 1981.

Attorney(s) appearing for the Case

Michael W. Zurat (argued), Mullen & Zurat, Pittsburgh, Pa., for appellant.

Robert C. Colville, Dist. Atty., Kathryn L. Simpson, Asst. Dist. Atty. (argued), Pittsburgh, Pa., for appellees.

Before HUNTER and GARTH, Circuit Judges and SAROKIN, District Judge.

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal requires us to decide whether the double jeopardy clause of the Constitution1 bars Pennsylvania from retrying Klobuchir on his original first degree murder indictment after the state court had vacated his plea-bargained conviction for third degree murder. We hold that double jeopardy does not bar Klobuchir's retrial.

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