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UNITED STATES v. KELLEY

Nos. 268, 269.

105 F.2d 912 (1939)

UNITED STATES v. KELLEY et al.

Circuit Court of Appeals, Second Circuit.

July 17, 1939.

Attorney(s) appearing for the Case

Nathan Probst, Jr., of New York City (Carl E. Alper and Ruth R. Kessler, both of New York City, of counsel), for Kelley.

Irving M. Radin, of New York City, for Rabner.

Jules J. Lubasch, of New York City, for Greer.

John T. Cahill, U. S. Atty., of New York City, Earl C. Crouter and Joseph W. Burns, Sp. Assts. to Atty. Gen. (J. Randall Creel, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before L. HAND, SWAN, and CLARK, Circuit Judges.

L. HAND, Circuit Judge.

The chief appeals are from a judgment of conviction of the three accused under two indictments, consolidated for trial, for assisting in the preparation and presentation of fraudulent income tax returns for the years 1929 to 1932, inclusive. One indictment concerned the partnership returns of Ringling Bros.-Barnum & Bailey Combined Shows; the other those of the estate of Charles E. Ringling, who died December 3, 1926. During the years in...

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