United States v. Ors, Inc.
Opinion
Opinion
Wiggins, J.
A grand jury indicted ORS, Inc., under § 1 of the Sherman Act for conspiring to allocate territories and customers in the refuse collection business on the Island of Oahu. The district court dismissed the indictment. We have jurisdiction pursuant to 18 U.S.C. § 3731 . We affirm.
I.Facts
On September 11, 1991, a grand jury sitting in the District of Hawaii indicted ORS, Inc., and Oahu Refuse Systems Co. for conspiring to divide the market for commercial waste disposal service on the Island of Oahu in violation of § 1 of the Sherman Act ( 15 U.S.C. § 1 (1992)). On July 20, 1992, the district court granted the government’s motion voluntarily to dismiss the indictment as to Oahu Refuse. Subsequently, ORS moved to dismiss the indictment against it for failing to allege facts that showed a nexus between ORS’s business activities and interstate commerce. The district court granted the motion. 825 F.Supp. 255 . The government appeals.
II.Standard of Review
We review de novo the legal sufficiency of an indictment. United States v. Schmidt, 947 F.2d 362, 369 (9th Cir.1991).
III.Discussion
Rule 7 of the Federal Rules of Criminal Procedure describes the procedural and substantive…