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UNITED STATES v. TREADWAY

Crim. No. 3-77-305.

445 F.Supp. 959 (1978)

UNITED STATES of America v. Dean Charles TREADWAY.

United States District Court, N. D. Texas, Dallas Division.

February 21, 1978.

Attorney(s) appearing for the Case

Kenneth J. Mighell, U. S. Atty., Fort Worth, Tex., Laurence K. Gustafson, Mary Coleen T. Sewell, and Kevin B. Pratt, U. S. Dept. of Justice, Anti-Trust Div., Dallas, Tex., for plaintiff.

Emmett Colvin, Jr., of Colvin & Jackson, Dallas, Tex., William B. West, III and William F. Carroll, of Clark, West, Keller, Sanders & Butler, Dallas, Tex., for defendant.

MEMORANDUM OPINION AND ORDER

PATRICK E. HIGGINBOTHAM, District Judge.

Introduction

Dean Charles Treadway is charged with obstruction of justice. He has moved to dismiss the indictment because an attorney with the Antitrust Division of the Department of Justice appeared before the indicting grand jury as both a prosecutor and a witness. Because this duality violates both the Code of Professional...

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