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U.S. v. WELBORN

No. 87-1403.

849 F.2d 980 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Charles Byron WELBORN, James L. Cockrell, Samuel Carr Hester, and Corwin Guy Mendenhall, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 22, 1988.

Attorney(s) appearing for the Case

Sidney Powell, Asst. U.S. Atty., Dallas, Tex., for plaintiff-appellant.

Rice M. Tilley, Jr., Ft. Worth, Tex., Court appointed, for Hester.

Frank D. McCown, Ft. Worth, Tex., for Welborn.

Michael B. Paddock, Ft. Worth, Tex., Court appointed, for Cockrell.

John A. Spinuzzi, Denton, Tex., for Mendenhall.

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

PER CURIAM:

The government filed this appeal after the district court dismissed with prejudice the second indictment against Charles Welborn, James Cockrell, Samuel Hester and Corwin Mendenhall. We vacate and remand.

I. Facts

A grand jury returned a three count indictment against five defendants, Welborn, Hester, Cockrell, Mendenhall and Charles Smith. The first count charged each of the defendants with conspiring to violate certain banking laws...

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