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U.S. v. SKW METALS & ALLOYS, INC.

No. 96-CR-71S.

4 F.Supp.2d 166 (1997)

UNITED STATES of America, v. SKW METALS & ALLOYS, INC. and Charles Zak, Defendants.

United States District Court, W.D. New York.

December 4, 1997.

Attorney(s) appearing for the Case

Melvin Lubinski and Edward Friedman, U.S. Dept of Justice, Antitrust Division, New York City, for Plaintiff.

George P. Kucik and Nada S. Sulaiman, Arent, Fox, Kintner, Plotkin & Kahn, Washington, DC, & Victor T. Fuzak and Kevin M. Kearney, Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, NY, for Defendants.

DECISION AND ORDER

SKRETNY, District Judge.

INTRODUCTION

Presently before this Court are Defendants' objections to the interpretation of the 1990 Antitrust Sentencing Guideline (U.S.S.G. § 2R1.1) contained in the Presentence Investigation Reports. Specifically, Defendants object to the Probation Officer's conclusion that where the Antitrust Guideline refers to "the volume of commerce done by him or his principal in goods or services...

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