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UNITED STATES v. BROWNING, INC.

Nos. 76-1956, 76-1957 and 76-1958.

572 F.2d 720 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. BROWNING, INC., Browning Arms Company and John Val Browning, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 14, 1978.

Rehearing Denied April 5, 1978.

Attorney(s) appearing for the Case

David W. Harlan, Sp. Asst. U. S. Atty., St. Louis, Mo. (Ramon M. Child, U. S. Atty., Salt Lake City, Utah, and David M. Rosen, Sp. Asst. U. S. Atty., St. Louis, Mo., on brief), for plaintiff-appellant.

Donald B. Holbrook of Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah (James S. Lowrie and Frederick P. McBrier of Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah; John J. Sheehy of Rogers & Wells, New York City and Dennis Donnelly of Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., of counsel; on brief), for defendants-appellees Browning, Inc. and Browning Arms Co.

Edward P. Morgan of Welch & Morgan, Washington, D. C. (Kevin T. Maroney of Welch & Morgan, Washington, D. C., George N. Larsen, Salt Lake City, Utah, of counsel; on brief), for defendant-appellee John Val Browning.

Before McWilliams, DOYLE and LOGAN, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The judgment which we are asked to review and reverse in this case is one based upon the trial court's dismissal of an indictment charging Browning, Inc., Browning Arms Company and John Val Browning with carrying out a fraud on the government by persuading or influencing manufacturers in Belgium and Japan to misrepresent on invoices the sale prices of various firearms, thereby reducing the amount of import duties.

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