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UNITED STATES v. MARTIN

Nos. 79-1985-79-1987 and 79-1956.

620 F.2d 237 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. John Warren MARTIN, John Glenn Peters and Gene Stipe, Defendants-Appellants. Gene STIPE, Petitioner, v. UNITED STATES DISTRICT COURT FOR the WESTERN DISTRICT OF OKLAHOMA, Honorable Ralph G. Thompson, United States District Judge, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided April 28, 1980.

Attorney(s) appearing for the Case

B. J. Rothbaum, Jr., James P. Linn, with him on brief, of Linn, Helms, Kirk & Burkett, Oklahoma City, Okl., for defendant-appellant and petitioner Gene Stipe.

Larry D. Patton, U. S. Atty., W. D. Okl., Teresa M. Black, Asst. U. S. Atty., Oklahoma City, Okl., John R. Osgood, Asst. U. S. Atty., with him on brief, for plaintiff-appellee.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

McKAY, Circuit Judge.

Defendants Martin, Peters and Stipe were indicted by a federal grand jury in the Western District of Oklahoma. The multipage, five-count indictment charges substantive violations of 15 U.S.C. § 645(a), making false statements to the Small Business Administration, as well as conspiracy and aiding and abetting. The defendants moved to dismiss, urging that as a matter of law venue could not lie in the Western District of Oklahoma and that the...

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