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U.S. v. SKW METALS & ALLOYS, INC.

Nos. 547, 569, 703, Dockets 98-1090, 98-1091, 98-1139.

195 F.3d 83 (1999)

UNITED STATES of America, Appellee-Cross-Appellant, v. SKW METALS & ALLOYS, INC.; and Charles Zak, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 28, 1999.

Attorney(s) appearing for the Case

Andrea Limmer, Washington, DC (Joel I. Klein, Assistant Attorney General, A. Douglas Melamed, Deputy Assistant Attorney General, John J. Powers, III, Department of Justice, Washington, DC; Melvin Lublinski, Edward Friedman, John W. McReynolds, Department of Justice, New York, NY, on the brief), for Appellee-Cross-Appellant United States.

Kevin M. Kearney, Buffalo, N.Y. (Victor T. Fuzak, Leecia Roberta Eve, Hodgson, Russ, Andrews, Woods & Goodyear, LLP, on the brief), for Defendant-Appellee-Cross-Appellant Charles Zak.

George R. Kucik, Washington, DC (Nada S. Sulaiman, Arent Fox Kintner Plotkin & Kahn, PLLC, on the brief), for Defendant-Appellee-Cross-Appellant SKW Metals & Alloys, Inc.

Before: NEWMAN and JACOBS, Circuit Judges and TSOUCALAS, Judge.

Judge NEWMAN concurs in part by a separate opinion.

JACOBS, Circuit Judge:

SKW Metals & Alloys, Inc. ("SKW") and its executive vice-president, Charles Zak, were convicted, after a jury trial in the United States District Court for the Western District of New York (Skretny, J.), of conspiracy to fix prices in the market for ferrosilicon, in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1 (1990). SKW was fined $150,000; Zak was fined...

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