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AUERBACH v. UNITED STATES

Nos. 9330, 9331.

136 F.2d 882 (1943)

AVERBACH v. UNITED STATES. JOHNSON v. SAME.

Circuit Court of Appeals, Sixth Circuit.

June 24, 1943.

Attorney(s) appearing for the Case

W. M. Fuqua, of Nashville, Tenn. (Frank E. Ratner, of Nashville, Tenn., on the brief), for appellants.

Ward Hudgins, of Franklin, Tenn. (Horace Frierson, Jr., of Nashville, Tenn., on the brief), for appellee.

Before HICKS, HAMILTON, and MARTIN, Circuit Judges.

HICKS, Circuit Judge.

Appellants Auerbach and Johnson were jointly tried upon an indictment containing two counts. The first count charged them with conspiracy "to remove, deposit and conceal * * * certain * * * distilled spirits and wines" with respect to which a floor stock tax was levied by the Revenue Act of 1941 "with intent to defraud the United States of such tax." Overt acts charged were (1) that from August 1 to October 31, 1941, appellants owned and operated...

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