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U.S. v. HAYTER OIL CO., INC. OF GREENEVILLE, TENN.

Nos. 94-5670, 94-5712 and 94-5713.

51 F.3d 1265 (1995)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. HAYTER OIL COMPANY, INC. OF GREENEVILLE, TENNESSEE, d/b/a Marsh Petroleum Company, and Sonny Wayne Marsh, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 17, 1995.

Attorney(s) appearing for the Case

John J. Powers, III, John P. Fonte (argued and briefed), U.S. Dept. of Justice, Antitrust Div., Washington, DC, William D. Dillon, William G. Traynor, U.S. Dept. of Justice, Antitrust Div., Atlanta, GA, for U.S.

Frank A. Johnstone (argued and briefed), Wilson, Worley, Gamble & Ward, Kingsport, TN, Roger W. Dickson, Miller & Martin, Chattanooga, TN, E.C. Heininger (briefed), Greeneville, TN, for Hayter Oil Co., Inc. of Greeneville, TN, dba Marsh Petroleum Co.

Frank A. Johnstone, Wilson, Worley, Gamble & Ward, Kingsport, TN, John T. Milburn, Rogers, Rogers, Laughlin, Nunnally & Hood, E.C. Heininger, Greeneville, TN, for Sonny Wayne Marsh.

Before: MILBURN and NORRIS, Circuit Judges; MILES, District Judge.

MILBURN, Circuit Judge.

In this case of first impression, the United States of America appeals the sentences imposed on defendant Hayter Oil Co., Inc. and defendant Sonny Wayne Marsh following their jury convictions for conspiracy to fix gasoline prices in violation of the Sherman Act, 15 U.S.C. § 1. Defendants cross-appeal the underlying jury convictions. On appeal, the issues are (1) whether the district court erroneously interpreted the Antitrust Guideline...

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