UNITED STATES v. SMITH GRADING AND PAVING, INC.

Nos. 84-5130, 84-5131.

760 F.2d 527 (1985)

UNITED STATES of America, Appellee, v. SMITH GRADING AND PAVING, INC. and Herbert P. Lee, III, Appellants. UNITED STATES of America, Appellee, v. DELLINGER, INC. and Theodore C. Dellinger, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 22, 1985.


Attorney(s) appearing for the Case

E. LeRoy Nettles, Sr., Lake City, S.C. (Marian D. Nettles, Nettles, Floyd, Turbeville, & Reddeck, Lake City, S.C., on brief), for appellants in No. 84-5130.

William Reynolds Williams, Florence, S.C. (Mark W. Buyck, Jr., Willcox, Hardee, McLeod, Buyck & Baker, Florence, S.C., on brief), for appellants in No. 84-5131.

(Richard S. Clark, Clark & Griffin, Monroe, N.C., on brief), for appellant.

Robert J. Wiggers, Robert B. Nicholson, J. Paul McGrath, Asst. Atty. Gen., Charles F. Rule, Deputy Asst. Atty. Gen., Carl W. Mullis, III, Katherine A. Schlech, Bargery G. Williams, Dept. of Justice, Washington, D.C., on brief), for appellee.

Before PHILLIPS, and WILKINSON, Circuit Judges, and RICHARD L. WILLIAMS, District Judge, Sitting by Designation.


RICHARD L. WILLIAMS, District Judge:

This case involves a six count indictment brought against four defendants for bid rigging a sewer construction project in Lancaster County, South Carolina. The Farmers Home Administration funded the four part sewer project.

Defendant Herbert P. Lee, III is an employee of defendant Smith Grading and Paving Inc. [Smith Grading] and is responsible for the company's bids on all utility-related projects. Defendant Theodore C...

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