UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION UNITED STATES OF AMERICA v.

OBERKAMPF SUPPLY OF LUBBOCK, INC.; CYRIL REASONER; AND CLOWE & COWAN, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Criminal No. 5-95CR-074-C

Filed:12/18/95 Violation: 15 U.S.C. § 1

UNITED STATES' RESPONSE TO DEFENDANT CLOWE & COWAN, INC.'S MOTION FOR CONTINUANCE OF TRIAL The United States of America, through its attorneys, hereby responds to the Defendant's Motion for Continuance. The United States will be prepared to go to trial on January 2, 1996, and desires to do so. If, however, the Court in

its discretion determines that the ends of justice require a continuance of this trial, the government would request that any continuance not exceed 30 days. Further, if the Court determines that, based upon the reasons set forth in Defendant's motion, and after consideration of the factors enumerated under 18 U.S.C. § 3161(h)(8)(B), said the United States requests that the

motion should be granted,

Court set forth its reasons in the record of the case, together with its finding that the ends of justice served by the granting of such continuance outweigh the best interests of the public and

the defendant in a speedy trial, as required by 18 U.S.C. § 3161(h)(8)(A).

Respectfully submitted,

________/s/_____________________ WILLIAM C. MCMURREY

_______/s/____________________ GLENN A. HARRISON Attorneys U.S. Department of Justice Antitrust Division 1601 Elm Street, Suite 4950 Dallas, Texas 75201-4717 (214) 655-2700

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CERTIFICATE OF SERVICE This is to certify that true and correct copies of the foregoing United States' Response to Defendant Clowe & Cowan, Inc.'s Motion for Continuance of Trial was faxed and mailed on the 18th day of December 1995, to A. W. SoRelle III, Esq. Underwood, Wilson Berry, Stein & Johnson Attorneys and Counselors at Law 1500 Amarillo National Bank Building P.O. Box 9158 Amarillo, Texas 79105-9158 Daniel W. Hurley, Esq. Hurley & Sowder Attorney at Law 1703 Avenue K Lubbock, Texas 79401 Mark G. Daniel, Esq. Evans, Gandy, Daniel & Moore Sundance Square 115 West Second Street Suite 202 Fort Worth, Texas 76102

________/s/__________________ WILLIAM C. MCMURREY Attorney

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION UNITED STATES OF AMERICA v. OBERKAMPF SUPPLY OF LUBBOCK, INC.; CYRIL REASONER; AND CLOWE & COWAN, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Criminal No. 5-95CR-074-C Filed: Violation: 15 U.S.C. § 1

ORDER Pending before the Court is the Defendant Clowe & Cowan's Motion for Continuance. Having considered the Motion, the submissions on file and the applicable law, the Court determines that the Motion should be granted. Specifically, the Court has examined the Motion and determines from the reasons set forth therein that the ends of justice served by the granting of the continuance outweigh the best interests of the public and the defendant in a speedy trial. See 18 U.S.C.§ 3161(h)(8)(A). Accordingly, it is ORDERED that the Motion for Continuance is GRANTED. TRIAL is set for ______________________ at _________________. SIGNED on this _____________day of ____________, 1995. _________________________________ SAM R. CUMMINGS UNITED STATES DISTRICT JUDGE