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UNITED STATES v. RUTKIN

No. 10795.

208 F.2d 647 (1953)

UNITED STATES v. RUTKIN.

United States Court of Appeals Third Circuit.

Decided December 10, 1953.

Rehearing Denied January 12, 1954.

Attorney(s) appearing for the Case

Lemuel B. Schofield, Philadelphia, Pa. (Joseph Sharfsin, Philadelphia, Pa., and Edward Halle, New York City, on the brief), for appellant.

Stuart B. Rounds, Asst. U. S. Atty., Trenton, N. J. (Grover C. Richman, Jr., U. S. Atty., Newark, N. J., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.

BIGGS, Chief Judge.

The appellant, Rutkin, was convicted on a charge of willfully attempting to evade or defeat a part of his income tax due for the year 1943. See 26 U.S.C.A. § 145(b). This court affirmed his conviction, one judge dissenting. See 1951, 189 F.2d 431. Certiorari was granted, and the Supreme Court upheld the judgment of this court. See, 1952, 343 U.S. 130, 72 S.Ct. 571, 96 L.Ed....

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