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o • <br /> COUNT CNE <br /> That between September 19, 1989, and January 30, 1990, in the <br /> County of Garfield, State of Colorado, LYNN WYLIE HOLEMAN and CLINTON N. <br /> HOLEMAN, with intent to prcmote and facilitate the commission of the <br /> crime of Theft, as defined by C.R.S. 18-4-401 (1) (b) , as amended, did <br /> unlawfully and feloniously agree with each other that one or more of <br /> them would engage in conduct which constitutes said crime, and an <br /> attempt to commit said crime, to wit: That they would deceive employees <br /> and agents of Mid-Continent Resources, Inc., to cause them to pay money <br /> to H2O Engineering, Inc., and that they would use that money in such <br /> manner as to permanently deprive Mid-Continent Resources, Inc., of its <br /> use and benefit; and did agree to aid such other person or persons in <br /> the planning and commission and attempted commission of said crime, and <br /> that overt acts in pursuance of such conspiracy were committed by Lynn <br /> Wylie Holeman and Clinton N. Holeman, to-wit: that they did deceive and <br /> cause employees and agents of Mid-Continent Resources, Inc. , to be <br /> deceived about the progress of equipment and plant fabrication and <br /> delivery of same to Mid-Continent Resources, Inc., and did demand and <br /> receive payment for such equipment and plant fabrication and delivery <br /> and did use such payment as to deprive Mid-Continent Resources, Inc. , <br /> permanently of its use and benefit, contrary to the form of the statute <br /> in such case made and provided, and against the peace and dignity of the <br /> People of the State of Colorado, and thereby did commit the crime of <br /> Conspiracy, in violation of C.R.S. 18-2-201, as amended. (F-4) <br />