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UNITED STATES v. FLOM

No. 76-1892.

558 F.2d 1179 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Edward L. FLOM, David L. Hoffman, Frank W. Hunsberger, and Richard E. Volland, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 8, 1977.

Attorney(s) appearing for the Case

Chester Bedell, John A. DeVault, III, Jacksonville, Fla., for Flom.

Ralph C. Dell, Tampa, Fla., for Hunsberger.

Manuel M. Garcia, Tampa, Fla., for Hoffman.

C. Lawrence Stagg, Tampa, Fla., for Volland.

Barry Grossman, Chief, Donald I. Baker, Asst. Atty. Gen., Catherine G. O'Sullivan, Atty., Appellate Section, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before JONES, COLEMAN and TJOFLAT, Circuit Judges.

COLEMAN, Circuit Judge.

Appellants were convicted of violating Section One of the Sherman Act1 by conspiring to allocate among the companies with whom they were connected contracts for sales of re-inforcing steel bars to construction contractors. They were sentenced to pay fines of varying amounts.

Because the jury was erroneously instructed and because the government was allowed to depart unfairly from its bill of particulars...

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