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UNITED STATES v. BANKS

Nos. 80-1574, 80-1582, 80-1583 and 80-1630.

682 F.2d 841 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis James BANKS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Russ REDNER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Moses LOUD HAWK, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Ka-Mook BANKS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 29, 1982.

Rehearing and Rehearing Denied October 5, 1982.

Attorney(s) appearing for the Case

Kenneth S. Stern, Milwaukie, Or., argued, for Banks, Redner and Hawk; Rose & Stern, Milwaukie, Or., on brief, for Banks; S. Lynn Parkinson, Parkinson, Fontana, Schumann & Jones, Oregon City, Or., on brief, for Redner; Ronald P. Schiffman, Clackamas, Or., on brief, for Hawk.

Michael T. Bailey, Portland, Or., for Nichols.

Jack C. Wong, Asst. U. S. Atty., Portland, Or., argued, for plaintiff-appellee; William Youngman, Asst. U. S. Atty., Portland, Or., on brief.

Before KENNEDY, FERGUSON and REINHARDT, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 5, 1982.

REINHARDT, Circuit Judge.

Defendants Dennis Banks, Russ Redner and Kenneth Moses Loud Hawk appeal from an order of the district court denying their motion to dismiss their indictment on the ground of vindictive prosecution. The Government cross-appeals from the same order, which dismissed the entire indictment as to defendant Ka-Mook Banks. However, the Government does not contest the district court's...

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