UNITED STATES v. FITAPELLI

No. 84-3551.

786 F.2d 1461 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph "Jo Jo" FITAPELLI, Vito Signorile, d/b/a Eagle Sanitation, Geraldo De Vivo, Suncoast Disposal, Inc., Donald Fowler, Thomas Kerrigan, Imperial Carting Associates, Inc., Carlo Di Nardi, d/b/a Solar Sanitation, Bernard Agostino, Vicenzo "Jimmy" Acquafredda, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 21, 1986.


Attorney(s) appearing for the Case

Kerry H. Brown, Tampa, Fla., for Fitapelli.

Wayne J. Boyer, Leonard J. Mankin, Dunedin, Fla., for Signorile.

Ronnie G. Crider, Alan K. Smith, Clearwater, Fla., for De Vivo and Suncoast.

James D. Whittemore, Tampa, Fla., for Fowler, Kerrigan and Imperial.

Larry C. Hoffman, Clearwater, Fla., for DiNardi.

Robert Fraser, Tampa, Fla., for Agostino.

Carolyn J. House, Tampa, Fla., for Acquafredda.

David H. Runyan, Asst. U.S. Atty., Tampa, Fla., John J. Powers, III, Edward T. Hand, U.S. Dept. of Justice, Antitrust Div., Washington, D.C., for the U.S.

Before GODBOLD, Chief Judge, TJOFLAT, Circuit Judge and SIMPSON, Senior Circuit Judge.


SIMPSON, Senior Circuit Judge:

A grand jury indicted fourteen defendants on one count of violating § 1 of the Sherman Act, 15 U.S.C. § 1, by conspiring to fix prices and allocate customers in the garbage business in Pinellas County, Florida. The defendants were jointly tried on a superseding indictment and the jury found eight individual and two corporate defendants guilty. All convicted defendants have appealed and the district court has stayed all sentences...

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