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

No. 83-1335.

729 F.2d 1278 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. BEACHNER CONSTRUCTION COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 22, 1984.


Attorney(s) appearing for the Case

Andrea Limmer, Dept. of Justice, Washington, D.C. (Judy Whalley and Mary Jones, Dept. of Justice, Chicago, Ill., William F. Baxter, Asst. Atty. Gen., and John J. Powers, III, Dept. of Justice, Washington, D.C., with her on the briefs), for plaintiff-appellant.

Colvin A. Peterson, Jr., Kansas City, Mo. (Glenn E. Casebeer, II, Coffeyville, Kan., and Kurt L. Rasmussen, Kansas City, Mo., with him on the briefs), for defendant-appellee.

Before SETH, Chief Judge, BARRETT, Circuit Judge, and O'CONNOR, District Judge.


BARRETT, Circuit Judge.

The United States appeals from an order of the district court, 555 F.Supp. 1273 (1983) granting the defendant-appellee Beachner Construction Co., Inc.'s (Beachner Co.) motion to dismiss an indictment on the basis of double jeopardy. On February 4, 1982, a Kansas City, Kansas, federal grand jury indicted Beachner Co. and its Secretary-Treasurer, Robert Beachner, on one count of bid-rigging in violation of...

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