United States v. Pipefitters Local Union No. 562, Etc.

I would reverse the judgment below and remand for a new trial for the reasons set forth in JUDGE HEANEY’s dissenting opinion. I direct myself to the procedural question discussed in the concurring opinion.

First, I disagree with the majority that the trial court’s instruction was not attacked as error by the defendants in their original briefs on appeal. Second, this court set aside the original submission of the appeal and directed anew the parties to file supplemental briefs for the benefit of the court en banc. The defendants specifically question the propriety of the instruction in their…