United States v. Gaf Corporation, Gaf Chemicals Corporation, Jay & Company, Inc., James T. Sherwin, Gaf Corporation, James T. Sherwin

DALY, District Judge.

INTRODUCTION

Three trials have been started in this matter. The verdicts here appealed came at the conclusion of the third trial, which began November 13, 1989, and lasted five weeks before Judge Lowe and a jury. Although appellants have presented various issues for our consideration in their consolidated appeal, our primary concerns relate to the effect of the government’s amendment of its bill of particulars, the trial court’s ruling on the defendants’ request that the original bill be admitted into evidence for comparison, the government’s rebuttal summation concerning…