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2d Cir 5th Cir action admissibility AFFIRMED AFFIRMED aflatoxin agreement Alco alleged amended appellant's appellee applicable argues attorney award benefits Board Bordenkircher cert charge Chief Judge Circuit Judge Cite as 590 City claim claimant Commission complaint conspiracy constitutional contract conviction Corp counsel Court of Appeals Criminal Law decision defendant defendant's denied determination discretion dismissal district court District Judge eleventh amendment employees employment evidence F.Supp fact failure Fed.Rules Federal Courts fees filed fund granted hearing held indictment issue jurisdiction jury L.Ed Medicaid ment motion NLRB Nossen opinion parties petition petitioner plaintiff pneumoconiosis prior Procedure proceeding prosecution question reasonable remanded rule S.Ct sion Skehan statement statute summary judgment supra Supreme Court Table)—C.A.Ohio testified testimony tion trial court trict trustees U. S. Atty U. S. Table)—Ct.Cl union United States Attorney United States Court United States District violation witness