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UNITED STATES v. BALLARD

Nos. 79-5268, 79-5506 and 80-5752.

663 F.2d 534 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Walter L. BALLARD, James R. Clark, Ronald B. Pruitt, and John L. Burns, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Raymond F. GRANLUND, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Walter BALLARD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

December 10, 1981.

Attorney(s) appearing for the Case

Bruce S. Rogow, Nova University Law Center, Fort Lauderdale, Fla., for Ballard.

Ellis C. McCullough, Houston, Tex., Robert C. Josefsberg, Miami, Fla., for Clark.

Olney G. Wallis, Houston, Tex., for Pruitt and Burns.

G. Ernest Caldwell, Houston, Tex., for Burns.

K. Charles Peterson, Joe H. Reynolds, James R. Leahy, Houston, Tex., Bernard C. Silver, Tampa, Fla., for Granlund.

Judy S. Rice, W. Christian Hoyer, Asst. U. S. Attys., Tampa, Fla., for plaintiff-appellee.

Before MARKEY, Chief Judge, and HILL and HENDERSON, Circuit Judges.

JAMES C. HILL, Circuit Judge:

The five appellants in these consolidated cases have been convicted in jury trials of conspiracy and mail fraud violations in connection with oil transactions that occurred in 1973-74 while the Federal Emergency Petroleum Allocation Act was in effect. Briefly, we hold that the theory upon which the appellants were successfully prosecuted was incorrect as a matter of law; based upon the evidence presented, we reverse the convictions of...

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