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UNITED STATES v. KENNY

Nos. 79-1544, 79-1545, 79-1563 and 79-1735.

645 F.2d 1323 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. John E. KENNY, Trenton P. Oelberg, and William L. Parker, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 23, 1981.

Rehearing and Rehearing Denied April 30, 1981.

As Amended May 18, 1981.

Certiorari Denied June 8, 1981.

Attorney(s) appearing for the Case

John A. Mitchell, San Diego, Cal., for Kenny.

Lawrence W. Campbell, San Diego, Cal., for Oelberg.

Peter J. Hughes, San Diego, Cal., for Parker.

Herbert Hoffman, Asst. U.S. Atty., San Diego, Cal., argued, for plaintiff-appellee; Michael H. Walsh, U.S. Atty., San Diego, Cal., on brief.

Before TRASK and NELSON, Circuit Judges, and SOLOMON, District Judge.

Rehearing and Rehearing En Banc Denied April 30, 1981.

Certiorari Denied June 8, 1981. See 101 S.Ct. 3059.

AMENDED OPINION

NELSON, Circuit Judge:

The earlier opinion in this matter, dated January 23, 1981, is withdrawn, and the following is substituted.

After a lengthy jury trial, appellants Kenny, Parker and Oelberg were found guilty on 14, 4 and 3 counts, respectively, of a multiple-count indictment alleging conspiracy, fraudulent...

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