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UNITED STATES v. MILLER

Nos. 84-3051 to 84-3053.

771 F.2d 1219 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. H. David MILLER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. CONTINENTAL FUEL CO., INC., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Don A. BLIESNER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 16, 1985.

Attorney(s) appearing for the Case

Margaret G. Halpern, Atty., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

B. Lynn Winmill, Manning, Holmes & Winmill, Ohio, Pocatello, Idaho, Irwin H. Schwartz, Seattle, Wash., for defendant-appellant.

Before BROWNING and ALARCON, Circuit Judges, and THOMPSON, District Judge.

ALARCON, Circuit Judge:

Appellants Continental Fuel Company (Continental), Don A. Bliesner (Bleisner) and H. David Miller (Miller) were convicted after a jury trial of conspiring to fix the retail price of gasoline in Bannock County, Idaho, in violation of Section 1 of the Sherman Act (15 U.S.C. § 1 (1982)). Continental was fined $75,000; Bliesner and Miller were fined $25,000 and $35,000, respectively.

Appellants seek reversal on the following grounds...

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