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UNITED STATES v. ELLIS

Nos. 80-5069, 80-5133.

646 F.2d 132 (1981)

UNITED STATES of America, Appellee, v. Claude ELLIS, Appellant, (Two Cases).

United States Court of Appeals, Fourth Circuit.

Decided April 8, 1981.

Attorney(s) appearing for the Case

Rebecca A. Baitty, Charleston, W. Va. (Rudolph L. Di Trapano, Charleston, W. Va. (Di Trapano, Jackson & Buffa, L.C., Charleston, W. Va., on brief), for appellant.

Rebecca A. Betts, Asst. U. S. Atty. (Robert B. King, U. S. Atty., Edwin B. Wiley, Asst. U. S. Atty., Charleston, W. Va., on brief), for appellee.

Before RUSSELL, MURNAGHAN and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

In these consolidated cases, Claude Ellis appeals the district court's denials of motions to dismiss for double jeopardy, made after each of two trials which ended in mistrials. We find that the district court's orders are interlocutory and are not appealable as exceptions to the final order rule of 28 U.S.C. § 1291.1 We therefore have no cause to reach the merits of the case, which would require an assessment...

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