No. 88-1252.

857 F.2d 655 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Sol C. SCHWARTZ, Abe Chapman, and Frank C. Marolda, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Order August 12, 1988.

Amended August 31, 1988.

Decided September 19, 1988.

Attorney(s) appearing for the Case

Rory K. Little, Special Attorney, Dept. of Justice, San Francisco, Cal., for plaintiff-appellant.

Doron Weinberg, Larson & Weinberg, and Karen Snell, Riordan & Rosenthal, San Francisco, Cal., for defendant-appellee Schwartz.

Manton L. Selby, II, San Francisco, Cal., for defendant-appellee Chapman.

Allen Ruby, Morgan, Ruby, et al., San Jose, Cal., for defendant-appellee Marolda.

Before WRIGHT and POOLE, Circuit Judges, and HUPP, District Judge.

POOLE, Circuit Judge:

The United States appeals from the district court's order excluding the testimony of former co-defendant Raymond F. Lane from the trial of Sol C. Schwartz, Frank C. Marolda and Abe Chapman on charges of violating 18 U.S.C. § 1954 (1982) (offer, acceptance or solicitation to influence operations of employee benefit plan). The government contends that the district court lacked authority to exclude Lane's testimony absent a violation of the...

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