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HEINDEL v. UNITED STATES

Nos. 9809, 9810.

150 F.2d 493 (1945)

HEINDEL v. UNITED STATES. ROGERS v. SAME.

Circuit Court of Appeals, Sixth Circuit.

July 16, 1945.

Attorney(s) appearing for the Case

Robert S. Marx, of Cincinnati, Ohio (Francis A. Hoover, Nichols Wood, Marx & Ginter, and Harry Kasfir, all of Cincinnati, Ohio, on the brief), for appellants.

Ernest R. Mortenson, of Washington, D. C. (Samuel O. Clark, Jr., Sewall Key, J. Louis Monarch, and Walter M. Campbell, Jr., all of Washington, D. C., and Byron Harlan and Robert E. Marshall, both of Cincinnati, Ohio, on the brief), for the United States.

Before SIMONS, HAMILTON, and MARTIN, Circuit Judges.

SIMONS, Circuit Judge.

While there were two appeals the appellants had been jointly indicted and, in a single trial, convicted and sentenced for attempting to defeat and evade income and excess profits taxes of the Cincinnati Lathe & Tool Company, a corporation, of which they were officers and employees, by swearing to and filing a false return of the net income of that corporation for the calendar year 1940. They were also charged, convicted, and sentenced for...

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