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UNITED STATES v. GREGORY

Nos. 80-7642, 80-7644.

656 F.2d 1132 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. E. A. GREGORY and Vonna Jo Gregory, G. W. Atkinson and Robert T. Spurlock, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied October 28, 1981.

Attorney(s) appearing for the Case

Sonnenschein & Rosenthal, James F. Holderman, John I. Grossbart, Chicago, Ill., for E. A. Gregory and Vonna Jo Gregory.

Roger M. Sherman, Pensacola, Fla., for Atkinson and Spurlock, Jr.

W. A. Kimbrough, U. S. Atty., Mobile, Ala., Mervyn Hamburg, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before TUTTLE, RONEY and ANDERSON, Circuit Judges.

RONEY, Circuit Judge:

On this interlocutory appeal, defendants challenge the denial of two pretrial motions in which they sought first, the dismissal of the indictment on the ground of prosecutorial vindictiveness, and second, the disqualification of the trial judge because of bias, 508 F.Supp. 1218. Defendants petition in the alternative for a writ of mandamus ordering recusal of the trial judge. We hold that an...

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