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U.S. v. REICHER

No. 91-2282.

983 F.2d 168 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Bernard D. REICHER, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 29, 1992.

Attorney(s) appearing for the Case

John J. Powers, III, Attorney (James F. Rill, Asst. Atty. Gen., Charles A. James, Deputy Asst. Atty. Gen., Catherine G. O'Sullivan, Robert B. Nicholson, John P. Fonte and David Seidman, also Attorneys, Dept. of Justice, Washington, DC, Duncan S. Currie and J. Oliver Lee, Jr., Attorneys, Dept. of Justice, Dallas, TX, with him on the briefs) for plaintiff-appellant.

Teresa E. Storch, Asst. Federal Public Defender, Albuquerque, NM, for defendant-appellee.

Before LOGAN, HOLLOWAY and BARRETT, Circuit Judges.

LOGAN, Circuit Judge.

Defendant Bernard D. Reicher was convicted by a jury of conspiring to rig bids in violation of the Sherman Antitrust Act, 15 U.S.C. § 1. Although the district court denied defendant's motion for dismissal of the Sherman Act count at the close of all the evidence, it subsequently reversed its position and granted defendant's motion for judgment of acquittal after discharge of the jury pursuant to Fed.R.Crim.P. 29(c). The decision of the district...

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