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U.S. v. GOLDIN INDUSTRIES, INC.

No. 97-6163.

211 F.3d 1339 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. GOLDIN INDUSTRIES, INC., Goldin of Alabama, Inc., et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 17, 2000.

Attorney(s) appearing for the Case

Frederick G. Helmsing, Helmsing, Sims & Leach, P.C., Mobile, AL, James K. Jenkins, Atlanta, GA, Barry Hess, Hess & Atchison, Mobile, AL, Timothy C. Holleman, Boyce Holleman, P.A., Gulfport, MS, for Defendants-Appellants.

Sangita Rao, Dept. of Justice, Washington, DC, Donna B. Dobbins, Mobile, AL, for Plaintiff-Appellee.

Before ANDERSON, Chief Judge, and TJOFLAT, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.

BY THE COURT:

A member of this court in active service having requested a poll on whether hearing en banc should be granted, and a majority of the judges in this court in active service having voted in favor of granting a hearing en banc solely on the issue of whether this court's holding in United States v. Hartley, 678 F.2d 961 (11th Cir.1982), that the person named in an indictment need not be distinct from the enterprise...

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