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U.S. v. MOBILE MATERIALS, INC.

No. 86-1756.

871 F.2d 902 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. MOBILE MATERIALS, INC. and Gerald O. Philpot, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 22, 1989.

Attorney(s) appearing for the Case

Mack Muratet Braly of Mack Muratet Braly & Associates, Tulsa, Okl., for defendants-appellants.

Andrea Limmer, Atty., Dept. of Justice, Washington, D.C. (Douglas H. Ginsburg, Asst. Atty. Gen., W. Stephen Cannon, Deputy Asst. Atty. Gen., and John J. Powers, III, Atty., Dept. of Justice, Washington, D.C., with her on the brief), for plaintiff-appellee.

Before McKAY, MOORE and BALDOCK, Circuit Judges.

PER CURIAM.

This case arose as one of several prosecutions in a campaign by the Justice Department to rid the Oklahoma and Kansas highway construction industry of anticompetitive bidding practices. In view of the issues on appeal, it will be helpful to recite the procedural history of the case in some detail.

On August 22, 1984, a grand jury sitting in the Western District of Oklahoma returned a seven-count indictment against Mobile Materials, Inc. (the Corporation...

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