Opinion of the Court on Rehearing, En Banc.
SCHNACKENBERG, Circuit Judge.
Plaintiff appeals from an order entered by the district court which inter alia sustained defendant's motion to dismiss an indictment charging defendant with willful attempted evasion of his income tax for each of the years 1948 to 1950 inclusive, in violation of section 145(b) of the Internal Revenue Code of 1939.
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