U.S. v. Messina Builders and Contractors Co.

Full title: UNITED STATES OF AMERICA, APPELLANT, v. MESSINA BUILDERS AND CONTRACTORS…

Court: United States Court of Appeals, Eighth Circuit

Date published: May 7, 1987

817 F.2d 1327 (8th Cir. 1987)

Opinion

No. 85-2505.

Submitted June 11, 1986.

Decided May 7, 1987.

Larry D. Coleman, Asst. U.S. Atty., Kansas City, Mo., Wynette J. Hewett and Bruce R. Ellisen, Dept. of Justice, Washington, D.C., for appellant.

Richard B. Pener and Stanley M. Burnstein, Robert F. Connor, Clerk U.S. District Court, Kansas City, Mo., for appellees.

Appeal from the United States District Court for the Western District of Missouri; D. Brook Bartlett, Judge.

Before JOHN R. GIBSON and MAGILL, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.^_

_ HON. THOMAS E. FAIRCHILD, United States Senior Circuit Judge for the Seventh Circuit, sitting by designation.

ORDER

Our judgment in this case, set forth as United States v. Messina Builders and Contractors Co., 801 F.2d 1029 (8th Cir. 1986), is vacated. We now reverse and remand the case to the district court with instructions to conduct further proceedings in light of Jersey Shore State Bank v. United States, 107 S.Ct. 782, 93 L.Ed.2d 800 (1987).