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U.S. v. MYR GROUP, INC.

No. 03-3250.

361 F.3d 364 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. MYR GROUP, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 16, 2004.

Attorney(s) appearing for the Case

Carole J. Ryczek (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellant.

Joseph J. Duffy, Corey B. Rubenstein (argued), Stetler & Duffy, Chicago, IL, for Defendant-Appellee.

Paul M. Heylman, Schmeltzer, Aptaker & Sheppard, Washington, DC, for Amicus Curiae.

Before CUDAHY, POSNER, and ROVNER, Circuit Judges.

POSNER, Circuit Judge.

The district judge dismissed an indictment that charged MYR Group, Inc., with violating section 17(e) of the Occupational Safety and Health Act, 29 U.S.C. § 666(e), and the government appeals. The factual record is limited to the facts alleged in the indictment, according to which: MYR has a wholly owned subsidiary named L.E. Myers Company (the parties call it "LEM"), which repairs high-voltage lines. MYR oversees the safety programs of...

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