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U.S. v. LOUISIANA PACIFIC CORP.

Crim. A. No. 95-CR-215-B.

908 F.Supp. 835 (1995)

UNITED STATES of America, Plaintiff, v. LOUISIANA PACIFIC CORPORATION, Dana Dulohery, and Robert Mann, Defendants.

United States District Court, D. Colorado.

November 28, 1995.

Attorney(s) appearing for the Case

Henry L. Solano, United States Attorney, John Haried, Brenda Taylor, Assistant U.S. Attorneys, Denver, CO, for Plaintiff.

Patrick J. Burke, Law Office of Patrick J. Burke, Denver, CO, Elliott R. Peters, Keker & Van Nest, San Francisco, CA, for Defendant Louisiana Pacific.

John M. Richilano, Dean S. Neuwirth, Denver, CO, for Defendant Dulohery.

Michael R. Enwall, Barbara K. Grant, Boulder, CO, for Defendant Mann.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Defendants Louisiana Pacific Corporation (LPC), Dana Dulohery and Robert Mann (defendants) move pursuant to Fed. R.Crim.P. 12(b)(2) to dismiss counts one through thirty-one of the indictment. In Count I defendants are charged with conspiracy to violate § 7413(c)(2) of the Federal Air Pollution and Control Act, 42 U.S.C. § 7401 et. seq. (the Clean Air Act or CAA) and 18 U.S.C. § 1001. Counts...

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