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U.S. v. FRIEDHABER

No. 86-5657.

826 F.2d 284 (1987)

UNITED STATES of America, Plaintiff-Appellant, v. James Arthur FRIEDHABER, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 13, 1987.

Rehearing Granted November 20, 1987.

Attorney(s) appearing for the Case

Kieran Joseph Shanahan, Asst. U.S. Atty.; John Stuart Bruce, Asst. U.S. Atty. (Samuel T. Currin, U.S. Atty., Raleigh, N.C., on brief) for plaintiff-appellant.

William Joseph Boney, Jr., Wilmington, N.C., for defendant-appellee.

Before HALL and SPROUSE, Circuit Judges, and TIMBERS, Senior United States Circuit Judge of the U.S. Court of Appeals for the Second Circuit, sitting by designation.

Rehearing In Banc Granted November 20, 1987.

SPROUSE, Circuit Judge:

The United States appeals from the judgment of the district court granting James Arthur Friedhaber's motion for judgment of acquittal. F.R.Crim.P. 29. A jury had returned a guilty verdict against Friedhaber on a single count of making false statements before a grand jury. 18 U.S.C. § 1623.1 The district court set aside the jury's verdict, ruling that Friedhaber...

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