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UNITED STATES v. MODERN ELEC. CO.

Nos. 85-5070, 85-5071.

788 F.2d 232 (1986)

UNITED STATES of America, Appellee, v. MODERN ELECTRIC CO., Appellant. UNITED STATES of America, Appellee, v. E. Eugene CARSON, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 14, 1986.

Attorney(s) appearing for the Case

Troy C. Homesley, Jr. (Edmund L. Gaines, Homesley, Jones, Gaines & Fields, Statesville, N.C. on brief), for appellants.

Andrea Limmer, U.S. Dept. of Justice (Charles F. Rule, Acting Asst. Atty. Gen., John J. Powers, III, Washington, D.C., John R. Fitzpatrick, Karen Sedora Morgan, Christopher A. Wagner, Atlanta, Ga., on brief), for appellee.

Before HALL and PHILLIPS, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

K.K. HALL, Circuit Judge:

Modern Electric Company and E. Eugene Carson, the company's secretary-treasurer, appeal their jury convictions for conspiracy in restraint of trade, in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. We affirm.

The evidence adduced at trial revealed that appellants conspired with others to rig the bids of an electrical construction project being let by the town of Boone, North Carolina. The rigged bids were submitted...

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