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U.S. v. KELLINGTON

No. 98-30193.

217 F.3d 1084 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Daniel F. KELLINGTON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 2000

Attorney(s) appearing for the Case

Frank R. Papagni, Jr., Assistant United States Attorney, Eugene, Oregon, attorney for the plaintiff-appellant.

Norman Sepenuk and James L. Collins, Portland Oregon, attorneys for the defendant-appellee.

Before: FLETCHER, TASHIMA, Circuit Judges, and ISHII, District Judge.

FLETCHER, Circuit Judge:

The United States appeals the district court's order granting defendant, Daniel Kellington, a new trial. Because we find no abuse of discretion in the district court's decision, we affirm and remand the case for re-trial.

I. FACTUAL BACKGROUND

A. Pre-Verdict Proceedings

Daniel Kellington is an experienced civil attorney from Medford, Oregon specializing in personal injury law and trusts and estates. In 1996 he was...

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