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DESIMONE v. UNITED STATES

No. 14398.

227 F.2d 864 (1955)

Peter DESIMONE, John Stepich, Harold Hopkins, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

July 25, 1955.

Attorney(s) appearing for the Case

Max R. Nicolai, Seattle, Wash., for appellants.

Charles P. Moriarty, U. S. Atty., Richard D. Harris, John A. Roberts, Jr., Asst. U. S. Atty., Seattle, Wash., for appellee.

Before HEALY, POPE and FEE, Circuit Judges.

JAMES ALGER FEE, Circuit Judge.

Appellants Stepich and Hopkins were indicted with three other defendants, Desimone, Felton and DePierris by a grand jury in the Western District of Washington, for conspiring to commit an offense against the United States in violation of 26 U.S.C.A. § 3253, which reads:

"Any person who shall carry on the business of * * * retail liquor dealer * * * and willfully fails to pay the special tax as required by law, shall *...

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