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

Nos. 87-1331, 87-1332.

857 F.2d 720 (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.

September 21, 1988.

Attorney(s) appearing for the Case

Charles F. Rule, Asst. Atty. Gen., Kenneth G. Starling, Deputy Asst. Atty. Gen., John J. Powers, III and David Seidman, Attys., Dept. of Justice, Washington, D.C., Alan A. Pason, Atty., Dept. of Justice, Dallas, Tex., for plaintiff-appellant.

David Kline and David Bryant of Kline & Kline, Oklahoma City, Okl., for defendant-appellee Evans & Associates Const. Co., Inc.

B.J. Rothbaum, Jr. of Linn & Helms, Oklahoma City, Okl., for defendant-appellee Lloyd I. Evans.

Before SEYMOUR, SETH and BALDOCK, Circuit Judges.

SETH, Circuit Judge.

We have considered the petitions of the defendants and the response of the Government on rehearing of this court's conclusion that the trial court's order to produce grand jury transcripts at a stated time before trial was well within the court's discretion. This was for three reasons: the defendants' showing of particularized need; to accomplish the court's scheduling order; and to avoid serious interruptions of the trial itself. We however did...

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