UNITED STATES v. CEDERQUIST

No. 80-1018.

641 F.2d 1347 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. James Henry CEDERQUIST; Thomas G. Anderson; Donald Lee Federspiel; Hallcraft Homes, Inc., presently existing by reason of a merger as Nu-West Development Corporation of Arizona; Hallcraft Homes of Denver, Inc.; Hallcraft Homes of San Diego, Inc.; and Hallcraft Homes of Los Angeles, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 16, 1981.


Attorney(s) appearing for the Case

Dale Danneman, Asst. U. S. Atty., Phoenix, Ariz., for plaintiff-appellant.

Tom Karas, Phoenix, Ariz., argued for defendants-appellees; Stephen E. Silver, Phoenix, Ariz., on brief.

Before GOODWIN and ANDERSON, Circuit Judges, and SWEIGERT, District Judge.


J. BLAINE ANDERSON, Circuit Judge:

The district court dismissed the indictment against the defendants on the bases of prejudicial pre-indictment delay and prosecutorial misconduct before the grand jury. The government appeals those determinations. We now reverse.

I. FACTS

On December 28, 1978, a federal grand jury returned a fifteen-count indictment against four corporations — Hallcraft Homes, Inc., presently existing by reason of a merger...

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