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BORRE v. U.S.

No. 90-1632.

940 F.2d 215 (1991)

Kurtis B. BORRE, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 5, 1991.

Attorney(s) appearing for the Case

William Hedrick (argued), O'Keefe, Lewis & Bruno, Skokie, Ill., for petitioner-appellee.

Joseph Duffy, Ira H. Raphaelson, Robert W. Kent, Jr. (argued), Asst. U.S. Attys., Crim. Div., Chicago, Ill., for respondent-appellant.

Before WOOD, Jr., and EASTERBROOK, Circuit Judges, and GRANT, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

In 1980, an affiliate of the United States Cable Corporation ("United States Cable") sought a cable television franchise from the Village of Fox Lake, Illinois ("Fox Lake"). The affiliate was unwilling, however, to subject itself to the uncertainty of competitive bidding, and sought to secure the award by means of an under-the-table payment. Lee Lovett, an attorney acting as an agent of the affiliate, offered and

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