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U.S. v. GAF CORP.

Nos. 444, 445, Dockets 90-1352, 90-1353.

928 F.2d 1253 (1991)

UNITED STATES of America, Appellee, v. GAF CORPORATION, GAF Chemicals Corporation, Jay & Company, Inc., James T. Sherwin, Defendants, GAF Corporation, James T. Sherwin, Appellants.

United States Court of Appeals, Second Circuit.

Decided March 18, 1991.

Attorney(s) appearing for the Case

Arthur L. Liman, Paul, Weiss, Rifkind, Wharton & Garrison (Max Gitter, John N. Gevertz, Laura Farina, Paul, Weiss, Rifkind, Wharton & Garrison, of counsel), and David E. Nachman, New York City, for defendant-appellant GAF Corp.

Stephen E. Kaufman, P.C., and Kronish, Lieb, Weiner & Hellman, New York City (Alan Levine, William J. Schwartz, Cindi R. Brandt, Kronish, Lieb, Weiner & Hellman, of counsel) for defendant-appellant James T. Sherwin.

Roger S. Hayes, Acting U.S. Atty., S.D.N.Y. (Carl H. Lowenson, Jr., Kevin R. Czinger, Daniel Richman, Asst. U.S. Attys., New York City, of counsel), for appellee.

Before ALTIMARI and MAHONEY, Circuit Judges, and DALY, District Judge.

DALY, District Judge.

INTRODUCTION

Three trials have been started in this matter. The verdicts here appealed came at the conclusion of the third trial, which began November 13, 1989, and lasted five weeks before Judge Lowe and a jury. Although appellants have presented various issues for our consideration in their consolidated appeal, our primary concerns relate to the effect of the government's amendment of its bill of particulars, the trial court's ruling...

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