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UNITED STATES v. SEARS, ROEBUCK & CO., INC.

No. 81-1420.

719 F.2d 1386 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. SEARS, ROEBUCK AND COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 19, 1983.

Certiorari Denied March 5, 1984.

Attorney(s) appearing for the Case

Herbert Hoffman, San Diego, Cal., for plaintiff-appellant.

Stephen D. Miller, Inc., Stephen D. Miller, Thomas J. Nolan, Maryann R. Marzano, Beverly Hills, Cal., Latham, Watkins & Hills, Roderick M. Hills, Irwin Goldbloom, Maureen E. Mahoney, James F. Rogers, Washington, D.C., for defendant-appellee.

Before SCHROEDER, CANBY and NORRIS, Circuit Judges.

Certiorari Denied March 5, 1984. See 104 S.Ct. 1441.

NORRIS, Circuit Judge:

The district court dismissed an indictment charging Sears, Roebuck and Company, Inc. (Sears) with customs fraud because of prosecutorial misconduct in presenting the case to the grand jury. We reverse and remand.

I

On February 26, 1980, a grand jury returned an indictment against Sears alleging that Sears had conspired to defraud the United States government by overstating...

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