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UNITED STATES v. GALLOWAY

No. 81-1693.

664 F.2d 161 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. Phillip E. GALLOWAY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 17, 1981.

Rehearing and Rehearing Denied December 22, 1981.

Attorney(s) appearing for the Case

John A. Franke, U. S. Atty., Madison, Wis., for plaintiff-appellant.

William J. Vaxley, Charles A. Dauphin, Birmingham, Ala., for defendant-appellee.

Before SWYGERT, Senior Circuit Judge, and SPRECHER and CUDAHY, Circuit Judges.

Rehearing and Rehearing In Banc Denied December 22, 1981.

SPRECHER, Circuit Judge.

This case involves the application of the federal mail fraud statute, 18 U.S.C. § 1341 (1980), to a scheme to defraud automobile purchasers by "rolling back" automobile odometers. Following a jury verdict of guilty, the trial court directed a verdict for the defendant. Because we find that the jury properly could have found that this

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