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UNITED STATES v. FINE

No. 80-7987.

644 F.2d 1018 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Joe L. FINE and Walter F. Johnsey, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied May 26, 1981.

Attorney(s) appearing for the Case

Phillip A. Wittman, Stephen H. Kupperman, New Orleans, La., for Fine.

L. Drew Redden, F. Timothy McAbee, Birmingham, Ala., for Johnsey.

J. R. Brooks, U. S. Atty., Dayle E. Powell, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before MARKEY, Chief Judge, and HILL and THOMAS A. CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 26, 1981.

MARKEY, Chief Judge:

After a judgment of acquittal on certain counts, and declaration of a mistrial on other counts, Johnsey and Fine moved to dismiss the remaining counts on Double Jeopardy grounds. This appeal is from denial of that motion. We affirm.

Background

In October 1979, following an 18-month investigation by a grand jury, a 32 page, 19-count indictment was returned. Named...

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