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U.S. v. DEFFENBAUGH INDUSTRIES, INC.

Nos. 91-3187, 91-3199, 91-3200.

957 F.2d 749 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. DEFFENBAUGH INDUSTRIES, INC., doing business as Deffenbaugh Disposal Services, Inc.; Ronald D. Deffenbaugh; Joseph E. Wehmeyer, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellee, v. DEFFENBAUGH INDUSTRIES, INC., doing business as Deffenbaugh Disposal Services, Inc., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Ronald D. DEFFENBAUGH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 20, 1992.

Attorney(s) appearing for the Case

James W. Lowe, Attorney (James F. Rill, Asst. Atty. Gen., Charles A. James, Deputy Asst. Atty. Gen., John J. Powers, III, and David Seidman, Attorneys, Of Counsel, David A. Blotner, Dwight Dickinson, and David J. Lang, Attorneys, with him on the briefs), Dept. of Justice, Washington, D.C., for U.S.

Gordon Ankney of Thompson & Mitchell, St. Louis, Mo. (Richard D. Rhyne of Craft, Fridkin & Rhyne, Kansas City, Mo., with him on the briefs, for Deffenbaugh Industries, Inc. and Richard J. Braun of Richard J. Braun & Associates, Nashville, Tenn., for Ronald D. Deffenbaugh, also with him on the briefs).

Before HOLLOWAY, LOGAN and BALDOCK, Circuit Judges.

LOGAN, Circuit Judge.

In No. 91-3187 the United States filed an interlocutory appeal, permitted by 18 U.S.C. § 3731, of the district court's order dismissing Count 10 of the indictment against defendants Deffenbaugh Industries, Inc., and Ronald D. Deffenbaugh. That count charged defendants with willfully and knowingly making and submitting to the Department of Justice "false, fictitious and fraudulent statements and representations about material facts in a matter...

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