UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

LUBBOCK DIVISION
UNITED STATES OF AMERICA ) Criminal No. 5-95CR-074-C
)
v. ) Filed:12/18/95
)
OBERKAMPF SUPPLY ) Violation:
OF LUBBOCK, INC.; )
)
CYRIL REASONER; AND ) 15 U.S.C. § 1
)
CLOWE & COWAN, INC., )
)
Defendants. )

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
motion should be granted, the United States requests that the

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

2
 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

3
 UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
UNITED STATES OF AMERICA ) Criminal No. 5-95CR-074-C
)
v. ) Filed:
)
OBERKAMPF SUPPLY ) Violation:
OF LUBBOCK, INC.; )
)
CYRIL REASONER; AND ) 15 U.S.C. § 1
)
CLOWE & COWAN, INC., )
)
Defendants. )

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