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U.S. v. KINGTON

No. 87-1375.

835 F.2d 106 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. James L. KINGTON and Don Earney, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 6, 1988.

Attorney(s) appearing for the Case

Ben L. Krage, Dallas, Tex., for Kington.

Thomas M. Richards, Dallas, Tex., Jack Bryant, East, Abilene, Tex., for Don Earney.

Sidney Powell, William F. Alexander, Dallas, Tex., and J. Michael Worley, Fort Worth, Tex., Asst. U.S. Attys., for plaintiff-appellee.

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

CLARK, Chief Judge:

I.

The issue raised in this case is whether James Kington and Don Earney waived their rights afforded by the double jeopardy clause. We hold that they did waive their rights.

II.

Kington and Earney were charged with numerous counts of criminal conduct, including misapplication of bank funds and falsifying loan applications. They filed a pretrial motion to suppress certain bank...

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