United States v. Mobile Materials, Inc. And Gerald O. Philpot

This ease arose as one of several prosecutions in a campaign by the Justice Department to rid the Oklahoma and Kansas highway construction industry of anticom-petitive bidding practices. In view of the issues on appeal, it will be helpful to recite the procedural history of the case in some detail.

On August 22, 1984, a grand jury sitting in the Western District of Oklahoma returned a seven-count indictment against Mobile Materials, Inc. (the Corporation), Mobile Materials Company (the Partnership), and Gerald 0. Philpot, the president of both firms. Count one of the indictment charged all…