No. 88-5062.

877 F.2d 734 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. SEARS, ROEBUCK AND COMPANY, INC., aka Sears, aka Sears & Roebuck, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 26, 1989.

As Amended on Denial of Rehearing and Rehearing June 5, 1989.

Attorney(s) appearing for the Case

Victor D. Stone, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Stephen D. Miller, Los Angeles, Cal., for defendant-appellee.

Before FLETCHER, ALARCON and KOZINSKI, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc June 5, 1989.

FLETCHER, Circuit Judge:

This case involves the claim that Sears conspired to defraud the United States government by overstating to customs agents the price it had paid for television receivers purchased from Japanese manufacturers. The current appeal is the fifth pretrial appeal and the fourth time that the government has appealed a dismissal of the criminal indictment in this case. The...

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