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UNITED STATES v. FOSHEE

No. 76-3435.

569 F.2d 401 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene C. FOSHEE and Wheeler G. Foshee, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 10, 1978.

Attorney(s) appearing for the Case

Frank J. Tipler, Jr., W. Sidney Fuller, Andalusia, Ala., Thomas R. Elliott, Jr., James E. Clark, Birmingham, Ala., for defendants-appellants.

Barry E. Teague, U. S. Atty., D. Broward Segrest, Asst. U. S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before BROWN, Chief Judge, COLEMAN and TJOFLAT, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Two members of a prominent Alabama farming family, one a state legislator at the time in question, appeal their convictions for mail fraud. 18 U.S.C.A. § 1341.1 We reverse and remand for a new trial because of an unwarranted objection sustained by the trial court during the Foshees' closing argument.

The Foshees operated a farm of 2,000 acres, a farm supply company, and a milling company, and engaged...

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