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UNITED STATES v. METROPOLITAN ENTERPRISES, INC.

Nos. 82-2453, 82-2454.

728 F.2d 444 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. METROPOLITAN ENTERPRISES, INC., and Daniel P. Kavanaugh, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 24, 1984.

Attorney(s) appearing for the Case

Robert B. Nicholson, Atty., Dept. of Justice, Washington, D.C. (William F. Baxter, Asst. Atty. Gen., Neil R. Ellis, Atty., Dept. of Justice, Washington, D.C., Alan A. Pason, Laurence K. Gustafson, Attys., Dept. of Justice, Dallas, Tex., with him on the brief), for plaintiff-appellee.

Andrew L. Lipps, Whitman & Ransom, Washington, D.C. (John M. Dowd, Whitman & Ransom, Washington, D.C., and D.C. Thomas, C. Merle Gile, Thomas, Gile & Martin, Oklahoma City, Okl., with him on the brief), for defendants-appellants.

Before McWILLIAMS and SEYMOUR, Circuit Judges, and BROWN, Senior District Judge.

WESLEY E. BROWN, Senior District Judge.

This case concerns a conspiracy among highway paving contractors to rig the bidding on contracts to repave portions of Interstate 35 in Oklahoma. On July 7, 1982, a grand jury returned an indictment charging Metropolitan Enterprises, Inc., and its president, Daniel P. Kavanaugh, for one count of conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, and two counts of mail fraud in furtherance of the conspiracy...

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