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UNITED STATES v. WASHINGTON WATER POWER CO.

Nos. 84-3047 to 84-3049.

793 F.2d 1079 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. WASHINGTON WATER POWER COMPANY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jeremiah P. BUCKLEY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Ellsworth B. SARGENT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1986.

As Amended September 16, 1986.

Attorney(s) appearing for the Case

Steve Schroeder, Asst. U.S. Atty., Seattle, Wash., for U.S.

Arthur W. Harrigan, Jr., Lane, Powell, Moss & Miller, Seattle, Wash., for Washington Water & Power.

William A. Helsell, Helsell, Fetterman, Martin, Todd & Hokanson, Seattle, Wash., for Buckley.

William G. Goodwin, Montgomery, Purdue, Blankinship & Austin, Malcolm L. Edwards, Edwards & Barbieri, Seattle, Wash., for Sargent.

Before WRIGHT and REINHARDT, Circuit Judges, and TAYLOR, District Judge.

REINHARDT, Circuit Judge:

I. INTRODUCTION

On January 22, 1981, a federal grand jury in Seattle, Washington, indicted Washington Water Power Company (WWPC), Jeremiah P. Buckley, who was a lobbyist for WWPC, Sargent-Tyee Construction Company, and Ellsworth B. Sargent, president of Sargent-Tyee.

Count I of the indictment charged that all defendants had committed mail fraud in violation of 18 U.S.C. § 1341. Count II charged that Buckley and WWPC...

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