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UNITED STATES v. KENT

No. 78-3438.

608 F.2d 542 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. William Thomas KENT, Patrick Petroleum Corporation of Michigan, Charles Douglas Robinson, Ronald Lamar Meeks and Lauren Lee Smith, Jr., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 18, 1980.

Attorney(s) appearing for the Case

Dougald D. McMillan, Sp. Atty., U. S. Dept. of Justice, Dallas, Tex., for plaintiff-appellant.

Michael E. Tigar, Samuel J. Buffone, Washington, D. C., for Patrick Petroleum and Robinson.

Michael Ramsey, Houston, Tex., for Meeks.

John J. Privitera, Washington, D. C., for defendants-appellees.

Before TJOFLAT and VANCE, Circuit Judges, and ALLGOOD, District Judge.

Rehearing and Rehearing En Banc Denied January 18, 1980.

VANCE, Circuit Judge:

The government appeals the dismissal of an indictment for mail fraud, 18 U.S.C. §§ 1341 and 2, and conspiracy to commit mail fraud, id. § 371, charged against Lauren Lee Smith, Jr., William Thomas Kent, Patrick Petroleum Corp. of Michigan, Charles Douglas Robinson, and Ronald Lamar Meeks. These charges arose from the alleged defalcation by Smith, receipt by...

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