We hold that a guilty plea does not waive the defense of double jeopardy under the circumstances of this case. The questions presented are whether a plea of guilty constitutes a waiver of a defendant's right to assert a violation of the Double Jeopardy Clause of the Fifth Amendment and whether the second of two indictments charging a Sherman Act conspiracy is duplicitous of the first. These cases are before the court for rehearing en banc. of Justice, Chicago, Ill., with him on brief) for plaintiff-appellee.īefore HOLLOWAY, Chief Judge, and DOYLE, BARRETT, McKAY, LOGAN, SEYMOUR, and MOORE, Circuit Judges. Gen., Washington, D.C., and Judy Whalley and Mary Jones, Dept. Schneider on the briefs) Schneider, and Casebeer, Coffeyville, Kan., for defendants-appellants. United States Court of Appeals, Tenth Circuit BROCE and Broce Construction Company, Inc., UNITED STATES of America, Plaintiff-Appellee,
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