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UNITED STATES v. SCRIMGEOUR

No. 80-5205.

636 F.2d 1019 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. William C. SCRIMGEOUR, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied March 16, 1981.

Attorney(s) appearing for the Case

Charles C. Murphy, Jr., Atty., Antitrust Div., U.S. Dept. of Justice, Atlanta, Ga., John J. Powers, III, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Joseph Mincberg, Miami, Fla., for defendant-appellee.

Before MORGAN, FAY and FRANK M. JOHNSON, Jr., Circuit Judges.

Rehearing and Rehearing En Banc Denied March 16, 1981.

FRANK M. JOHNSON, Jr., Circuit Judge:

The Government appeals from the district court's dismissal of a five-count indictment charging William Scrimgeour with knowingly making false material declarations before a grand jury in violation of 18 U.S.C.A. § 1623.1 The district court granted Scrimgeour's motion to dismiss the indictment, ruling that prosecution was barred by...

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