Legal Opinion
United States v. Edward L. Flom, David L. Hoffman, Frank W. Hunsberger, and Richard E. Volland
Court of Appeals for the Fifth Circuit
Decided September 8, 1977No. 76-1892PublishedCited by 62 opinions
1Opinion of the Court
COLEMAN, Circuit Judge.
Appellants were convicted of violating Section One of the Sherman Act 1 by conspiring to allocate among the companies with whom they were connected contracts for sales of re-inforcing steel bars to construction contractors. They were sentenced to pay fines of varying amounts.
Because the jury was erroneously instructed and because the government was allowed to depart unfairly from its bill of particulars to the obvious prejudice of the defendants, we reverse and remand for a new trial.
I
At one time during the period of the alleged conspiracy, all appellants were officers…
2Cases cited16 opinions
- United States v. MillerSupreme Court of the United States · 1976
- Swift & Co. v. United StatesSupreme Court of the United States · 1905
- Nash v. United StatesSupreme Court of the United States · 1913
- Walling v. Jacksonville Paper Co.Supreme Court of the United States · 1943
- Las Vegas Merchant Plumbers Ass'n v. United StatesCourt of Appeals for the Ninth Circuit · 1954
11 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Tal v. HoganCourt of Appeals for the Tenth Circuit · 2006
- In re Japanese Electronic Products Antitrust LitigationCourt of Appeals for the Third Circuit · 1983
- United States v. Moreno L. Keplinger, Paul L. Wright, and James B. PlankCourt of Appeals for the Seventh Circuit · 1985
- United States v. Portsmouth Paving Corporation and R. Curtis Saunders, Jr.Court of Appeals for the Fourth Circuit · 1983
- Itel Capital Corporation, a Corporation, Cross-Appellant v. Cups Coal Company, Incorporated, a Corporation and Herman Mulvehill, Cross-AppelleesCourt of Appeals for the Eleventh Circuit · 1983
57 more not listed; retrieve them via the Exa API.