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UNITED STATES v. LITTON SYSTEMS, INC.

No. 77-2191.

573 F.2d 195 (1978)

UNITED STATES of America, Appellant, v. LITTON SYSTEMS, INC., d/b/a Ingalls Nuclear Shipbuilding Division, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 4, 1978.

Attorney(s) appearing for the Case

William B. Cummings, U. S. Atty., Alexandria, Va. (Frank W. Dunham, Jr., Joseph A. Fisher, III, Asst. U. S. Attys., Alexandria, Va. and Sara S. Beale and Elliott Schulder, Dept. of Justice on brief), for appellant.

Bruce W. Kauffman, Philadelphia, Pa. (David H. Pittinsky, Stephen J. Mathes, Lawrence D. Berger, Dilworth, Paxson, Kalish, Levy & Kauffman, Philadelphia, Pa., W. W. Koontz, John S. Stump, Boothe, Prichard & Dudley, Alexandria, Va., on brief), for appellee.

Before WINTER, BUTZNER and RUSSELL, Circuit Judges.

BUTZNER, Circuit Judge:

The United States appeals from an order of the district court dismissing a one count indictment against Litton Systems, Inc., because of prosecutorial misconduct during pre-indictment negotiations between the parties. We vacate the order of dismissal and remand the case for further proceedings.

I

In 1972 the Ingalls Nuclear Shipbuilding Division of Litton Systems, Inc., filed a claim with the Navy for approximately $30 million...

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