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U.S. v. BREKKE

Nos. 96-1089, 96-1117.

97 F.3d 1043 (1996)

UNITED STATES of America, Appellant/Cross-Appellee, v. Lauree Flaa BREKKE; James Stanley Brekke, Appellees/Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 4, 1996.

Rehearing and Suggestion for Rehearing Denied November 18, 1996.

Attorney(s) appearing for the Case

Lizabeth A. McKibben, Minneapolis, MN, argued (David L. Lillehaug, on the brief), for Appellant/Cross-Appellee.

Johnathan T. Garaas, Fargo, ND, argued, for Appellees/Cross-Appellants.

Before BOWMAN, LAY, and LOKEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 18, 1996.

BOWMAN, Circuit Judge.

Defendants Lauree Flaa Brekke and James Stanley Brekke were indicted in federal district court in Minnesota on charges of bank fraud, making false statements to a financial institution, mail fraud, and conspiracy to commit mail fraud and bank fraud. The District Court, adopting the report and recommendation of a magistrate judge, dismissed the indictment, ruling...

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