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U.S. v. EVANS & ASSOCIATES CONST. CO., INC.

Nos. 87-1331, 87-1332.

839 F.2d 656 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. EVANS & ASSOCIATES CONSTRUCTION CO., INC. and Lloyd I. Evans, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 17, 1988.

Attorney(s) appearing for the Case

David Seidman, Atty., Dept. of Justice, Washington, D.C. (Charles F. Rule, Acting Asst. Atty. Gen., Kenneth G. Starling, Deputy Asst. Atty. Gen., John J. Powers, III and Laurence K. Gustafson, Attys., Dept. of Justice, Washington, D.C., Kent A. Gardiner and Alan A. Payson, Attys., Dept. of Justice, Dallas, Tex., with him on the briefs), for plaintiff-appellant.

B.J. Rothbaum, Jr. of Linn & Helms, Oklahoma City, Okl. (Brinda K. White of Linn & Helms, Oklahoma City, Okl., David Kline and Richard Coulson of Kline & Kline, Oklahoma City, Okl., with him on the brief), for defendants-appellees.

Before SEYMOUR, SETH and BALDOCK, Circuit Judges.

SETH, Circuit Judge.

SETH, Circuit Judge.

This appeal is taken from an order of the United States District Court for the Western District of Oklahoma dismissing in its entirety a three count indictment against appellees as a sanction. The indictment charged appellees with violating Section One of the Sherman Anti-Trust Act, 15 U.S.C. § 1, the mail fraud statute, 18 U.S.C. § 1341, and the Racketeer Influenced and Corrupt Organizations Act ("RICO"...

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