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UNITED STATES v. REECE

Nos. 78-1671 and 78-1672.

614 F.2d 1259 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. James Wilbur REECE and Richard W. Tomlinson, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided January 18, 1980.

Attorney(s) appearing for the Case

John Oliver Martin, Asst. U. S. Atty., Kansas City, Kan. (James P. Buchele, U. S. Atty., Topeka, Kan., and Terrance J. Wear, Sp. Asst. U. S. Atty., Washington, D. C., on brief), for plaintiff-appellee.

Gerald L. Goodell, Topeka, Kan. (Goodell, Stratton, Edmonds, Palmer & Wright, Topeka, Kan., on brief), for James Wilbur Reece, defendant-appellant.

Michael Lerner, Kansas City, Kan., for Richard W. Tomlinson, defendant-appellant, and adopted brief filed by defendant-appellant Reece.

Before SETH, Chief Judge, and McWILLIAMS and McKAY, Circuit Judges.

McWILLIAMS, Circuit Judge.

Reece and Tomlinson were convicted by a jury on ninety-one counts of mail fraud. 18 U.S.C. § 1341. The indictment charged the two defendants with using the mail in connection with a scheme to defraud their employer, Fleming Foods Company of: (1) its right to have its business conducted honestly; (2) its right to the loyal, disinterested and unbiased services of the two defendants who were employed as purchasing agents by Fleming Foods...

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