UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant,
v.
Bobby GIBSON (03-6592/6595; 04-5031), Andrew S. Hickerson (03-6595; 04-5037), William R. Mallicoat (03-6593/6595; 04-5033), Kenneth Tucker (03-6595; 04-5035/5036), and KenAmerican Resources, Inc. (03-6594/6595; 04-5034), Defendants-Appellants/Cross-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: April 20, 2005.
Decided and Filed: May 24, 2005.
Attorney(s) appearing for the Case
R. Kent Westberry, Landrum & Shouse, Louisville, Kentucky, Allen W. Holbrook, Sullivan, Mountjoy, Stainback & Miller, Owensboro, Kentucky, R. Kenyon Meyer, Dinsmore & Shohl, Louisville, Kentucky, Charles E. Ricketts, Jr., Ricketts & Platt, Louisville, Kentucky, for Defendants.
Terry M. Cushing, Assistant United States Attorney, Louisville, Kentucky, for Plaintiff.
R. Kent Westberry, Caroline P. Clark, Landrum & Shouse, Louisville, Kentucky, Allen W. Holbrook, Sullivan, Mountjoy, Stainback & Miller, Owensboro, Kentucky, R. Kenyon Meyer, Dinsmore & Shohl, Louisville, Kentucky, Charles E. Ricketts, Jr., Ricketts & Platt, Louisville, Kentucky, John E. Jevicky, Dinsmore & Shohl, Cincinnati, Ohio, for Defendants.
Terry M. Cushing, Randy W. Ream, Assistant United States Attorneys, Louisville, Kentucky, for Plaintiff.
Before: SUHRHEINRICH and GILMAN, Circuit Judges; ACKERMAN, District Judge.
United States Court of Appeals, Sixth Circuit.
OPINION
GILMAN, Circuit Judge.
KenAmerican Resources, Inc. (the operator of a Kentucky coal mine), mine superintendents Bobby Gibson and William Mallicoat, and mine foremen Andrew Hickerson and Kenneth Tucker were indicted for conspiracy, making false statements to a federal agency, concealing material facts from a federal agency, and violating the Mine Safety and Health Act (MSHA), 30 U.S.C. §§ 801-25...
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