No. 81-2130.

683 F.2d 894 (1982)

UNITED STATES of America, Plaintiff-Appellant Cross Appellee, v. Thomas M. HAJECATE and Thomas H. Hajecate, Defendants-Appellees Cross Appellants, Lance Eisenberg, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 23, 1982.

Attorney(s) appearing for the Case

Michael E. Tigar, John Privitera, Washington, D. C., for the Hajecates.

Joe H. Reynolds, Houston, Tex., Earl J. Silbert, Martin R. Baach, Washington, D. C., for Eisenberg.

Anna E. Stool, Asst. U. S. Atty., Houston, Tex., Michael L. Paup, Chief, Appellate Section, Glenn L. Archer, Jr., Asst. Atty. Gen., Robert E. Lindsay, James A. Bruton, James Springer, Attys., Tax Div., U. S. Dept. of Justice, Washington, D. C., for the U. S.

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

GEE, Circuit Judge:

In this criminal case, the government appeals the pretrial dismissal of an eleven-count indictment against businessmen Thomas M. ("Mick") Hajecate and Thomas H. ("Tom") Hajecate and their tax attorney, Lance Eisenberg. The defendants Hajecate cross-appeal the district court's denial of their motion to dismiss the indictment based on prosecutorial vindictiveness.


On January 21, 1981, a grand jury...

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