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U.S. v. COMEAUX

No. 91-4194.

954 F.2d 255 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth M. COMEAUX, Edmund M. Reggie, Oscar W. Boswell, II, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 5, 1992.

Attorney(s) appearing for the Case

C. Michael Hill, Juneau, Judice, Hill & Adley, Lafayette, La., for defendant-appellant Comeaux.

William H. Jeffress, Jr., D. Bradley Clements, Miller, Cassidy, Larroca & Lewin, Washington, D.C., Camille F. Gravel, Jr., Gravel, Brady & Berrigan, Alexander, La., for defendant-appellant Reggie.

James E. Boren, Baton Rouge, La., for defendant-appellant Boswell.

Josette L. Cassiere, Asst. U.S. Atty., Joseph S. Cage, Jr., U.S. Atty., Shreveport, La., for plaintiff-appellee.

Before THORNBERRY, GARWOOD, and DAVIS, Circuit Judges.

GARWOOD, Circuit Judge:

Defendants-appellants Edmund M. Reggie (Reggie), Oscar W. Boswell (Boswell), and Kenneth M. Comeaux (Comeaux) appeal the denial of their motion to dismiss an indictment against them for bank fraud. Contending that the government's dismissal of another, earlier indictment against them a year previously was in bad faith, they argue that the prior dismissal should be recharacterized as with prejudice, barring the present prosecution. We conclude...

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