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U.S. v. RAETHER

CR 95-40012.

940 F.Supp. 1485 (1996)

UNITED STATES of America, Plaintiff, v. Roger RAETHER and Russell D. Hawkins, Defendants.

United States District Court, D. South Dakota, Southern Division.

October 7, 1996.

Attorney(s) appearing for the Case

Ted L. McBride, U.S. Attorney's Office, Rapid City, SD, John J. Ulrich, U.S. Attorney's Office, Sioux Falls, SD, for Plaintiff.

Frank E. Denholm, Denholm, Glover & Britzman, Brookings, SD, for Defendant, Roger Raether.

James E. McMahon, Gregg S. Greenfield, Boyce, Murphy Law Firm, Sioux Falls, SD, for Defendant, Russell D. Hawkins.

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

Defendant Roger Raether moves to dismiss Count II of the indictment, which charges him under 18 U.S.C. § 1001 with making a false statement as to a material matter within the jurisdiction of the General Services Administration (GSA). He argues dismissal is proper because the statement at issue falls within the "exculpatory no" doctrine as adopted by the Eighth Circuit in United States v. Taylor...

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