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UNITED STATES v. W.F. BRINKLEY & SON CONST. CO.

No. 84-5355.

783 F.2d 1157 (1986)

UNITED STATES of America, Appellee, v. W.F. BRINKLEY & SON CONSTRUCTION COMPANY, INC. and William F. Brinkley, Jr., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 21, 1986.

Attorney(s) appearing for the Case

N. Carlton Tilley, Jr. (William L. Osteen, Osteen, Adams, Tilley & Walker, Greensboro, N.C., on brief), for appellants.

Robert B. Nicholson (John P. Fonte, Charles P. Rule, Acting Asst. Atty. Gen., Washington, D.C., Carl W. Mullis, III, Atlanta, Ga., Bargery G. Williams, on brief), for appellee.

Before PHILLIPS and SNEEDEN, Circuit Judges, and JONES, United States District Judge for the Western District of North Carolina, sitting by designation.

SNEEDEN, Circuit Judge:

The defendants, William F. Brinkley, Jr. and W.F. Brinkley & Son Construction Company ("Brinkley & Son"), appeal their convictions of one count of conspiring to rig bids on a construction project in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. Brinkley, president of Brinkley & Son was sentenced to 30 days incarceration and fined $25,000. The company was fined $100,000.

The appellants contend that the trial...

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