A Utah federal judge on Monday threw out the U.S. Department of Justice’s criminal case against an heir-tracker company in the state, saying it was too late to bring the charges over an alleged agreement with another firm to apportion customers.

Kemp & Associates Inc. and co-owner Daniel J. Mannix terminated the market-divvying arrangement with rival Blake and Blake in 2008, which places it outside of the five-year statute of limitations for violations of antitrust law, U.S. District Judge David Sam said in his order dismissing the DOJ indictment, filed last year as part of its ongoing probe into anti-competitive behavior in the heir-location industry.

James A. Mitchell of Ballard Spahr LLP, who represents Mannix and Kemp & Associates, said Tuesday he was pleased with the court’s decision.

“Our client looks forward to continuing to provide the valuable services it has for the last half-century,” Mitchell said.

Jason D. Boren and Mark R. Gaylord assisted James Mitchell as well.

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