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U.S. v. THERM-ALL, INC.

No. 02-20843.

352 F.3d 924 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. THERM-ALL, INC., and Supreme Insulation, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed December 3, 2003.

Attorney(s) appearing for the Case

John P. Fonte (argued), John J. Powers, III, Asst. Chief Atty., U.S. Dept. of Justice, Antitrust Div., Washington, DC, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Karl R. Wetzel (argued), Wegman, Hessler & Vanderburg, Cleveland, OH, for Therm-All, Inc.

David Benjamin Gerger, Foreman, DeGeurin, Nugent & Gerger, Houston, TX, Curtis E. Woods (argued), Sonnenschein, Nath & Rosenthal, Kansas City, MO, for Supreme Insulation, Inc.

Before REAVLEY, JONES and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

This case concerns an alleged price-fixing agreement between two fiberglass insulation companies, Therm-All, Inc. ("Therm-All") and Supreme Insulation, Inc. ("Supreme"). The issues on appeal are whether the government must prove that a defendant committed an overt act during the statute of limitations period in order to prove that a price-fixing agreement existed during that time, and if so, whether in the instant case the Government...

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