No. 83-1350.

727 F.2d 711 (1984)

UNITED STATES of America, Appellee, v. John GAULTIER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 7, 1984.

Rehearing and Rehearing Denied March 19, 1984.

Attorney(s) appearing for the Case

James R. Wyrsch, Koenigsdorf, Kusnetzky & Wyrsch, Kansas City, Mo., for appellant.

Robert G. Ulrich, U.S. Atty., W.D. Missouri, Kansas City, Mo., Linda M. Betzer, U.S. Dept. of Justice, Washington, D.C., for appellee.

Before LAY, Chief Judge, HEANEY and ARNOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 19, 1984.

ARNOLD, Circuit Judge.

John Gaultier was indicted in September 1982, on seven counts of scheming to defraud his employer. Counts I, II, III, VI, and VII charged a violation of 18 U.S.C. § 1343 (wire fraud). Counts IV and V charged a violation of 18 U.S.C. § 1341 (mail fraud). Gaultier was tried on all seven counts, but the District Court1 dismissed Counts I through...

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