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FULTON v. UNITED STATES

No. 17173.

260 F.2d 957 (1958)

Arthur M. FULTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 26, 1958.

Attorney(s) appearing for the Case

J. P. Darrouzet, Austin, Tex., for appellant.

Russell B. Wine, U. S. Atty., Howard C. Walker, Asst. U. S. Atty., San Antonio, Tex., for appellee.

Before TUTTLE, JONES and WISDOM, Circuit Judges.

PER CURIAM.

This appeal from denial of appellant's motion to set aside a judgment of conviction and sentence on the ground that the penalty provisions of the 1939 Internal Revenue Code had been repealed is in all respects identical with that decided adversely to the appellant by the Court of Appeals for the District of Columbia Circuit in Levister v. United States, D.C.Cir., 260 F.2d 485...

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