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U.S. v. THERM-ALL, INC.

No. 02-20843.

373 F.3d 625 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. THERM-ALL, INC., and Supreme Insulation, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 14, 2004.

Attorney(s) appearing for the Case

John P. Fonte (argued), John J. Powers, III, Asst. Chief Atty., U.S. Dept. of Justice, Antitrust Div., Washington, DC, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Karl R. Wetzel (argued), Wegman, Hessler & Vanderburg, Cleveland, OH, for Therm-All Inc.

David Benjamin Gerger, David Gerger & Associates, Houston, TX, Curtis E. Woods (argued), Sonnenschein, Nath & Rosenthal, Kansas City, MO, for Supreme Insulation Inc.

Before REAVLEY, JONES and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge.

Upon reconsideration, we withdraw our previous opinion, reported at 352 F.3d 924, and substitute the following.1

After a seven-week trial, a jury convicted Therm-All, Inc. ("Therm-All") and Supreme Insulation, Inc. ("Supreme") of conspiring to fix prices in the building insulation industry, in violation of Section 1...

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