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  5. 967 F.2d 1275 (1991)
 

U.S. v. BARKER

Nos. 89-10105, 89-10228.

967 F.2d 1275 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth BARKER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 16, 1991.

As Amended on Denial of Rehearing June 17, 1992.

Attorney(s) appearing for the Case

Charles O. Morgan, Jr., San Francisco, Cal., for defendant-appellant.

Daniel S. Linhardt, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before: CANBY, NOONAN and RYMER, Circuit Judges.

NOONAN, Circuit Judge:

Kenneth Barker appeals his conviction under 18 U.S.C. § 287 of submitting false claims against the United States in a project that Barker undertook for the Army Corps of Engineers. We reverse.

BACKGROUND

Kenneth Barker, the defendant, is a civil engineer with extensive experience in large construction projects. For many years he worked for Bechtel Corporation, most notably as construction manager for the northern half...

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