Legal Opinion

United States v. Beachner Const. Co., Inc.

District Court, D. Kansas

Decided January 31, 1983No. 82-20076-01PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter comes before the court on defendants’ motion to dismiss a November 16, 1982, indictment returned against defendants Beachner Construction Co., Inc. and Jerry Beachner. As grounds for dismissal, the motion proffered the legal theories of double jeopardy, collateral estoppel, pre-indictment delay, vindictive prosecution and compulsory joinder. Alternatively, defendants moved for an election of counts. Also before the court is the government’s motion to sever the trial of the two defendants.

The motion to dismiss was orally presented to the…

2Cases cited28 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Green v. United StatesSupreme Court of the United States · 1957
  4. Abney v. United StatesSupreme Court of the United States · 1977
  5. American Tobacco Co. v. United StatesSupreme Court of the United States · 1946

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3Cited by15 opinions

  1. United States v. BroceSupreme Court of the United States · 1989
  2. Reazin v. Blue Cross & Blue Shield of Kansas, Inc.District Court, D. Kansas · 1987
  3. United States v. Beachner Construction Company, Inc.Court of Appeals for the Tenth Circuit · 1984
  4. United States v. Ray C. Broce and Broce Construction Company, Inc.Court of Appeals for the Tenth Circuit · 1986
  5. United States v. Ray C. Broce and Broce Construction Company, Inc.Court of Appeals for the Tenth Circuit · 1985

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