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UNITED STATES v. DURANT

No. 14005.

324 F.2d 859 (1963)

UNITED STATES of America, Plaintiff-Appellee, v. Lyndon A. DURANT, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied December 30, 1963.

Attorney(s) appearing for the Case

George D. Crowley, Chicago, Ill., Gerald, C. Risner, Chicago, Ill., Crowley, Barnett, & Goschi, Chicago, Ill., of counsel, for appellant.

James P. O'Brien, U. S. Atty., John Powers Crowley, Asst. U. S. Atty., Chicago, Ill., Louis F. Oberdorfer, Asst. Atty. Gen., Joseph M. Howard, John P. Burke, Attorneys, Department of Justice, Washington, D. C., John Peter Lulinski, Asst. U. S. Atty., for appellee.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and CASTLE, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Lyndon A. Durant, defendant, having been indicted under 26 U.S.C.A. § 7201 and charged in three counts with willfully attempting to defeat and evade a part of income tax due and owing by him and his wife to the United States of America, for the calendar years 1954, 1955, 1956, the deficiency totaling $142,714.40, pleaded not guilty and was tried by the court without a jury.

The court having denied defendant's motions for...

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