UNITED STATES of America, Plaintiff-Appellee,
v.
Carl SUTTON, Jr., Joseph Spinoza Elkins, Dyeatra Ann Carter, Edwin Arthur Adams, Otis Hensley, Prince Albert Rankin, Samuel Lee Harris, Charles Edward Craven, Viola Holmes, Defendants-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued April 2, 1980.
Decided December 3, 1980.
Attorney(s) appearing for the Case
Eugene D. Smith, Cincinnati, Ohio (Court-appointed), for defendant-appellant in No. 78-5134.
James C. Cissell, U. S. Atty., Terry W. Lehmann, Asst. U.S. Atty., Cincinnati, Ohio (David B. Smith, Atty., U.S. Dept. of Justice, Washington, D.C., of counsel), for plaintiff-appellee in all cases.
James R. Willis, Willis, Whitehead, Character, Adrine, Childs, Blackwell & Davison, Cleveland, Ohio, for defendants-appellants in Nos. 78-5135 and 78-5136.
John Carson, Cleveland, Ohio, for defendant-appellant in No. 78-5136.
Philip L. Pleska, Lebanon, Ohio (Court-appointed), for defendant-appellant in No. 78-5137.
James D. Ruppert, Franklin, Ohio (Court-appointed), for defendant-appellant in No. 78-5138.
Calvin W. Prem, Cincinnati, Ohio (Court-appointed), for defendant-appellant in No. 78-5139.
Andrew B. Dennison, Batavia, Ohio (Court-appointed), for defendant-appellant in No. 78-5141.
Henry E. Sheldon, Cincinnati, Ohio (Court-appointed), for defendant-appellant in No. 78-5142.
Ronald A. Lipez, Cincinnati, Ohio (Court-appointed), for defendant-appellant in No. 78-5143.
Before EDWARDS, Chief Judge, and WEICK, LIVELY, ENGEL, KEITH, MERRITT, BROWN, KENNEDY, BOYCE F. MARTIN, Jr., and JONES, Circuit Judges, sitting En Banc.
United States Court of Appeals, Sixth Circuit.
EDWARDS, Chief Judge.
This appeal has been heard en banc before the United States Court of Appeals for the Sixth Circuit. The case was originally heard by a three-judge panel of this court which reversed the convictions of the appellants involved herein by a 2-1 vote. A motion for rehearing en banc filed by the United States was granted by majority vote of the full court.
I. THE TITLE IX "ENTERPRISE" ISSUE
A. Introduction
The principal...
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