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UNITED STATES v. RACE

No. 78-5140.

632 F.2d 1114 (1980)

UNITED STATES of America, Appellee, v. David G. RACE, Thomas A. Blocker, Michael G. Leatherwood, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 25, 1980.

Attorney(s) appearing for the Case

Peter R. Kolker, Washington, D. C. (Zuckerman, Spaeder & Taylor, Washington, D. C., on brief), for appellants.

J. Clifford Ryan, Asst. U. S. Atty., Charleston, S. C., Mark N. Stempler, Trial Atty., U. S. Navy, Washington, D. C. (Thomas E. Lydon, Jr., U. S. Atty., Columbia, S. C., Carolyn J. Adams, Third Year Law Student, on brief), for appellee.

Before RUSSELL, WIDENER and PHILLIPS, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The defendants Race, Blocker, and Leatherwood appeal their conviction under an indictment charging the submission by the defendants of false and fraudulent invoices for payment of services and materials rendered a division of the Department of Navy in violation of §§ 2, 371, and 1001, 18 U.S.C. We reverse.

The prosecution arose out of the performance by Consolidated Services, Inc. (hereafter CSI), an engineering firm...

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