Rehearing and Rehearing En Banc Denied April 22, 1981.
SKOPIL, Circuit Judge.
INTRODUCTION
Appellants, Neal Roberts and James Robison, appeal the denial of their motion to dismiss the indictment against them. They assert that the retrial of their case was barred on double jeopardy grounds. The district court denied the motion, and the defendants filed an interlocutory appeal pursuant to Abney v. United States,
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