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UNITED STATES v. McMURRAY

Nos. 78-1928 to 78-1930.

656 F.2d 540 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Glenn W. McMURRAY, R. Glade Whiting, and Robert H. Wilstead, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided March 5, 1980.

Attorney(s) appearing for the Case

William C. Hendricks, III, U. S. Dept. of Justice, Washington, D. C. (Ronald L. Rencher, U. S. Atty., Salt Lake City, Utah, and Stephen P. Learned, U. S. Dept. of Justice, Washington, D. C., on brief), for plaintiff-appellee.

F. Keith Biesinger, Salt Lake City, Utah, for defendant-appellant Glenn W. McMurray.

Michael A. Neider, Salt Lake City, Utah (Phil L. Hansen, Salt Lake City, Utah, on brief), for defendant-appellant R. Glade Whiting.

D. Gilbert Athay, Salt Lake City, Utah, for defendant-appellant Robert H. Wilstead.

Before DOYLE, BREITENSTEIN and McKAY, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

On February 8, 1977, in the United States District Court for the District of Utah, an indictment was returned against Glenn W. McMurray, R. Glade Whiting, Donn E. Cassity and Robert H. Wilstead. The indictment alleged that the Small Business Administration (SBA), an agency of the United States, required to administer the Small Business Investment Act of 1958 which codified a previous Act, 15 U.S.C. §§ 661-696, was defrauded...

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