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U.S. v. ASHLEY TRANSFER & STORAGE CO., INC.

No. 87-5153.

858 F.2d 221 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. ASHLEY TRANSFER & STORAGE CO., INC.; Dale J. Cook Moving and Storage, Inc.; Thomas W. Bivens, Sr.; John D. Cook, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 3, 1988.

Rehearing and Rehearing Denied November 16, 1988.

Attorney(s) appearing for the Case

Robert J. Wiggers (Charles F. Rule, Asst. Atty. Gen., Kenneth G. Starling, Deputy Asst. Atty. Gen., John J. Powers, III, Constance K. Robinson, Nancy H. McMillen, Michael D. Billiel, Washington, D.C., Philip J. Thompson, Dept. of Justice, Vinton D. Lide, U.S. Atty., Columbia, S.C., on brief), for plaintiff-appellant.

Lionel Stukes Lofton (Michael P. O'Connell, Charleston, S.C., Parks N. Small, Columbia, S.C., on brief), for defendants-appellees.

Before HALL and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied November 16, 1988.

BUTZNER, Senior Circuit Judge:

The government appeals from the district court's refusal to submit to the jury the second count of an indictment charging the defendants in count I with conspiring to fix prices in violation of the Sherman Act and in count II with conspiring to defraud the government in violation of 18 U.S.C. § 371. The government asserts that the district court lacked discretion...

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