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UNITED STATES v. FISHER

No. 55-CR-122.

151 F.Supp. 607 (1957)

UNITED STATES of America, Plaintiff, v. Irving D. FISHER, Defendant.

United States District Court E. D. Wisconsin.

June 19, 1957.

Attorney(s) appearing for the Case

Edward G. Minor, U. S. Atty., and Francis L. McElligott, Asst. U. S. Atty., Milwaukee, Wis., for plaintiff.

Maurice Weinstein, Milwaukee, Wis., for defendant.

GRUBB, District Judge.

This matter is before the court on the motion of the defendant to dismiss Count I of an indictment containing three counts charging violation of income tax laws. The basis of the motion is the alleged failure of the Government to comply with the provisions of 26 U.S. C.A. § 3748(a). The pertinent parts of that section provide:

"§ 3748. Periods of limitation. "(a) Criminal Prosecution. No person shall be prosecuted...

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