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UNITED STATES v. BEACHNER CONST. CO., INC.

No. 82-20076-01.

555 F.Supp. 1273 (1983)

UNITED STATES of America, Plaintiff, v. BEACHNER CONSTRUCTION CO., INC., and Jerry Beachner, Defendants.

United States District Court, D. Kansas.

January 31, 1983.

Attorney(s) appearing for the Case

Richard J. Braun, Joseph H. Widmar, Mary C. Jones, Judy Whalley, U.S. Dept. of Justice, Chicago, Ill., for plaintiff.

Glen E. Casebeer, II, Curt Schneider, Schneider & Casebeer, Coffeyville, Kan., for defendants.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter comes before the court on defendants' motion to dismiss a November 16, 1982, indictment returned against defendants Beachner Construction Co., Inc. and Jerry Beachner. As grounds for dismissal, the motion proffered the legal theories of double jeopardy, collateral estoppel, pre-indictment delay, vindictive prosecution and compulsory joinder. Alternatively, defendants moved for an election of counts...

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