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UNITED STATES v. UNI OIL, INC.

No. 82-2295.

710 F.2d 1078 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. UNI OIL, INC., Defendant, Thomas M. "Mick" Hajecate, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 1, 1983.

Attorney(s) appearing for the Case

James R. Gough, Asst. U.S. Atty., Houston, Tex., Jerome Wiener, U.S. Dept. of Energy, Washington, D.C., for plaintiff-appellant.

Michael E. Tigar, Washington, D.C., for Thomas M. Hajecate and Charles R. Akin.

Dan Ryan, John C. Marshall, III, Houston, Tex., Charles Brandt, Lafayette, La., for James E. Fisher.

Before GARZA, RANDALL and GARWOOD, Circuit Judges.

RANDALL, Circuit Judge:

This appeal comes to us under 18 U.S.C. § 3731 upon an order of the district court dismissing an eighty-four count fraud indictment against two oil companies and five individual defendants. "The gravamen of the ... charge," as we observed when these proceedings were last before us, "is that [the defendants] purchased `old' oil and resold it as `new,' willfully using fraudulent means to miscertify it in the process." United States v...

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