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IN RE GRAND JURY PROCEEDINGS

No. 85-6155.

797 F.2d 1377 (1986)

In re GRAND JURY PROCEEDINGS.

United States Court of Appeals, Sixth Circuit.

Decided July 31, 1986.

Rehearing and Rehearing Denied September 19, 1986.

Attorney(s) appearing for the Case

Jay Topkis, Paul, Weiss, Rifkind, Wharton & Garrison, Jeffrey Slade, Meister, Leventhal & Slade, New York City, A.J. Jolly, Jolly & Blau, Newport, Ky., Lawrence S. Bader, argued, New York City, for appellant.

Hays Gorey, Jr., Vicki Plaut, U.S. Dept. of Justice, Anti-Trust Div., Washington, D.C. John J. Powers, III, Andrea Limmer, argued, Gary S. Humble, for appellee.

Before JONES, WELLFORD and NELSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 19, 1986.

NATHANIEL R. JONES, Circuit Judge.

Defendants appeal the district court's denial of their pretrial motion to dismiss the indictment against them. They assert that this prosecution is barred by the double jeopardy clause because the conspiracy charged in the indictment is allegedly part of a conspiracy for which they have earlier been tried. The court below concluded that separate conspiracies exist...

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