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Wednesday, March 23, 2011 - 5:37am

Former Cobb EMC Chief Indictment Thrown Out

A judge has thrown out a 31-count indictment against former Cobb EMC chief Dwight Brown.

Superior Court Judge Robert Flournoy III tossed the indictment in Tuesday because it was handed down in a courtroom that was not open to the public, as required by law.

The indictment says Brown used Cobb Electric Membership Corporation to fund operations and activities of Cobb Energy without the required approval by EMC members. It says without revenues from the business dealings, Cobb Energy could not have paid Brown millions of dollars and forgiven a $3 million loan Brown used to purchase stock.

The indictment was handed down Jan. 6 in the county's new courthouse, which was technically not yet open. The judge said an attorney in the case had difficulty entering the courthouse.