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CHAZ CONCRETE CO., LLC v. CODELL

No. 07-5870.

545 F.3d 407 (2008)

CHAZ CONCRETE COMPANY, LLC; Grant Trucking, Inc.; Green River Seed and Sod, Inc.; Sweeney Enterprises, Inc.; doing business as Kentucky Transfer Line, on behalf of themselves and a class of persons similarly situated, Plaintiffs-Appellants, v. James C. CODELL, III, Secretary of the Kentucky Transportation Cabinet in his personal capacity; J.M. Yowell, Kentucky State Highway Engineer in his personal capacity, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 21, 2008.

Attorney(s) appearing for the Case

ON BRIEF: Steven S. Reed, Kent Wicker, Reed Wicker, Louisville, Kentucky, for Appellants. William E. Johnson, Johnson, True & Guarnieri, Frankfort, Kentucky, Bridget Leigh Dunaway, Taylor, Keller, Dunaway & Tooms, London, Kentucky, for Appellees.

Before: DAUGHTREY and MOORE, Circuit Judges; DUGGAN, District Judge.

OPINION

DUGGAN, District Judge.

In this action, brought pursuant to the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-68, plaintiffs-appellants Chaz Concrete Co., LLC, Grant Trucking, Inc., Green River Seed and Sod, Inc., and Sweeney Enterprises, Inc. alleged that defendants-appellees James C. Codell and J.M. Yowell employed mail fraud, 18 U.S.C. § 1341, in a scheme to defraud the United States Department of...

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