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UNITED STATES v. ELLER

No. 3937.

114 F.Supp. 284 (1953)

UNITED STATES v. ELLER et al.

United States District Court M. D. North Carolina, Wilkesboro Division.

July 27, 1953.

Attorney(s) appearing for the Case

Bryce R. Holt, U. S. Atty., Greensboro, N. C., for plaintiff.

Kyle Hayes, North Wilkesboro, N. C., for defendant.

HAYES, District Judge.

The defendants have moved to dismiss the indictment and to dismiss the prosecution for the reason that the indictment alleges the crimes to have been committed since April 1, 1951 under Regulation 17 effective on that date, promulgated by the Commissioner of Internal Revenue and approved by the Acting Secretary of the Treasury and for the specific reason that no demand, in writing, was made by the...

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