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U.S. v. MOHNEY

No. 90-1738.

949 F.2d 899 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Harry V. MOHNEY; Thomas Tompkins; Elizabeth L. Scribner; and Lee J. Klein, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 27, 1991.

Rehearing and Rehearing Denied January 7, 1992.

Attorney(s) appearing for the Case

Joseph Allen, Asst. U.S. Atty., Detroit, Mich., Robert E. Lindsay (briefed), Alan Hechtkopf, Karen Quesnel (argued), U.S. Dept. of Justice, Appellate Section Tax Div., Washington, D.C., for the U.S.

Clyde B. Pritchard, Edith S. Thomas (briefed), Detroit, Mich., for Harry V. Mohney.

Larry C. Willey (argued and briefed), Grand Rapids, Mich., for Thomas Tompkins, Elizabeth L. Scribner, Lee J. Klein.

Before RYAN and BOGGS, Circuit Judges, and DOWD, District Judge.

Rehearing and Rehearing En Banc Denied January 7, 1992.

RYAN, Circuit Judge.

The United States appeals the decision of the district court denying a motion to reconsider the dismissal, based on our recent decision in United States v. Minarik, 875 F.2d 1186 (6th Cir.1989), of a charge of conspiracy to defraud the government.

Because we conclude that the district court erred in holding that Minarik controlled...

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