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UNITED STATES v. BAVERS

Nos. 84-3735, 84-3738 and 84-3739.

787 F.2d 1022 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Lowell J. BAVERS, Duane J. French, and May L. Bavers, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided December 23, 1985.

Attorney(s) appearing for the Case

David Melcher (argued), Swinford & Sims, Cynthiana, Ky., for Lowell J. Bavers.

Jeffrey Royer (argued), Kurt A. Philipps, Spalding, Grause & Philipps, Covington, Ky., for Duane J. French.

Terry Lehmann (argued), Robert Brichler, Asst. U.S. Attys., Cincinnati, Ohio, Christopher Barnes, U.S. Atty., Cincinnati, Ohio, for U.S.

Timothy A. Hickey (argued), Cincinnati, Ohio, for May L. Bavers.

Before MERRITT and WELLFORD, Circuit Judges, and JOHNSTONE, District Judge.

WELLFORD, Circuit Judge.

Following their convictions on conspiracy and mail fraud charges, involving a scheme to defraud farmers, Lowell Bavers, his wife May Bavers, and Duane French1 assert a number of errors which they claim on appeal should entitle them either to acquittal or to a new trial. We shall, for the sake of brevity, refer to them as Lowell, May, and French hereafter.

Lowell was the chief executive officer and controlling...

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