No. 77-5372.

587 F.2d 340 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. John M. BEELER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 30, 1978.

Rehearing Denied February 5, 1979.

Attorney(s) appearing for the Case

Cecil D. Meek, Jr., Ralph E. Harwell, Knoxville, Tenn., for defendant-appellant.

John H. Carey, U. S. Atty., Richard K. Harris, Knoxville, Tenn., for plaintiff-appellee.

Before EDWARDS and PECK, Circuit Judges, and BALLANTINE, District Judge.

BALLANTINE, District Judge.

Defendant, John M. Beeler, was convicted by a jury in the Eastern District of Tennessee for obstructing, delaying and affecting commerce by extortion in violation of the Hobbs Act, 18 U.S.C. § 1951 (1976).1 Beeler, as Knox County Commissioner of Welfare, allegedly extorted payments from Robert Kenneth Vann, manager of Browning-Ferris Industries of Knoxville, Inc. (BFI). We reverse.

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