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UNITED STATES v. MARTIN

No. 81-1290.

682 F.2d 506 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Don MARTIN, Doma Corporation and Caprock Services Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 13, 1982.

Attorney(s) appearing for the Case

Kenneth J. Mighell, U. S. Atty., Fort Worth, Tex., Shirley Baccus-Lobel, Asst. U. Atty., Dallas, Tex., Ronald C. H. Eddins, Asst. U. S. Atty., Fort Worth, Tex., for plaintiff-appellee.

Daniel G. Grove, Washington, D. C., for Don Martin.

Edward A. Mallett, Houston, Tex., amicus curiae, on behalf of Don Martin.

Bill Neal, Vernon, Tex., for Nat. Ass'n of Criminal Defense Lawyers.

Travis D. Shelton, Travis Dale Jones, Lubbock, Tex., for Doma Corp. and Caprock Services Co.

Before CLARK, Chief Judge, and GEE and GARZA, Circuit Judges.

PER CURIAM:

The defendants appeal the district court's dismissal without prejudice of a nine count indictment charging them with mail fraud. They contend the dismissal should have been with prejudice. Because there has been no final decision within the meaning of 28 U.S.C. § 1291, we dismiss for lack of jurisdiction.

The essential facts necessary to understand today's disposition are as follows. The defendants were investigated concerning fraudulent oil...

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