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UNITED STATES v. WAINER

No. 11777.

240 F.2d 595 (1957)

UNITED STATES of America, Plaintiff-Appellee, v. Allen M. WAINER, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 28, 1957.

Attorney(s) appearing for the Case

Maurice J. Walsh, Chicago, Ill., for appellant.

Charles K. Rice, Asst. Atty. Gen., Carolyn R. Just, Atty. U. S. Dept. of Justice, Washington, D. C., Robert Tieken, U. S. Atty., Chicago, Ill., Lee A. Jackson, Hilbert P. Zarky, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before DUFFY, Chief Judge, and MAJOR and LINDLEY, Circuit Judges.

LINDLEY, Circuit Judge.

This cause was previously before us on appeal by defendant from an order denying his motion to amend his answer. 7 Cir., 211 F.2d 669. In the original proceeding the United States sought, pursuant to 26 U.S.C.A. § 2800(d), to recover taxes plus penalties and interest assessed on distilled spirits and alcohol seized at an illicit unbonded distillery near Joliet, Illinois in 1935, in which the defendant...

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