Rehearing and Rehearing En Banc Denied June 16, 1989.
DAVID A. NELSON, Circuit Judge.
Appellant S. Robert Davis was convicted of violating the federal mail fraud statute, 18 U.S.C. § 1341. This court overturned the conviction on the ground that the indictment, which was based on the "intangible rights" theory disavowed by the Supreme Court in McNally v. United States,
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