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U.S. v. BROTHERS CONST. CO. OF OHIO

Nos. 98-4613, 98-4694.

219 F.3d 300 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. BROTHERS CONSTRUCTION COMPANY OF OHIO, INCORPORATED, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Tri-State Asphalt Corporation, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 6, 2000.

Attorney(s) appearing for the Case

ARGUED: Elgine Heceta McArdle, The Office of Musser & McArdle, Wheeling, West Virginia, for Appellant Brothers Construction; Stephen Godfrey Jory, Jory & Smith, Elkins, West Virginia, for Appellant Tri-State Asphalt. Michael D. Stein, Assistant United States Attorney, Wheeling, West Virginia, for Appellee. ON BRIEF: David E. Godwin, United States Attorney, Rita R. Valdrini, Assistant United States Attorney, Wheeling, West Virginia, for Appellee.

Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges.

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge WIDENER and Judge NIEMEYER joined.

OPINION

TRAXLER, Circuit Judge:

Brothers Construction Company of Ohio, Incorporated ("Brothers") and Tri-State Asphalt Corporation ("Tri-State") were charged in a four-count indictment arising from their involvement in a federally funded highway construction project. Following an eleven-day trial, Brothers and Tri-State were convicted...

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