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UNITED STATES v. SMYTH

No. 76-2314.

556 F.2d 1179 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Lewis Miller SMYTH, III and Glenn B. Bavousett, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 20, 1977.

Attorney(s) appearing for the Case

James R. Claunch, Fort Worth, Tex., for Bavousett.

Charles Michael Mallin, Joseph A. Calamia, Woodrow W. Bean, Sr., El Paso, Tex., for Smyth only.

Michael P. Carnes, U. S. Atty., Gerhard E. Kleinschmidt, John W. Sweeney, Jr., Asst. U. S. Attys., Fort Worth, Tex., for plaintiff-appellee.

Before GODBOLD, TJOFLAT and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 20, 1977.

TJOFLAT, Circuit Judge:

Appellants Lewis Smyth and Glenn Bavousett are former officers of Norman Harwell Associates, Inc. (NHA), a corporation engaged in the preparation and publication of technical materials. They were charged in an eight count indictment with conspiring to defraud1 and with defrauding2 the United States by overbilling the United...

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