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GIARDANO v. UNITED STATES

Nos. 15683, 15684.

251 F.2d 109 (1958)

Anthony GIARDANO, Appellant, v. UNITED STATES of America, Appellee. Anthony LOPIPARO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied February 10, 1958.

Attorney(s) appearing for the Case

Morris A. Shenker, St. Louis, Mo., and Morris Lavine, Los Angeles, Cal., for appellant Anthony Giardano. Morris Lavine, Los Angeles, Cal., filed separate brief.

Sidney M. Glazer, Berkeley, Mo., (Mark M. Hennelly, St. Louis, Mo., with him on the brief), for appellant Anthony Lopiparo.

Wayne H. Bigler, Jr., Asst. U. S. Atty., St. Louis, Mo. (Harry Richards, U. S. Atty., and Murry L. Randall, Asst. U. S. Atty., St. Louis, Mo., were on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and VAN OOSTERHOUT, Circuit Judges.

WOODROUGH, Circuit Judge.

Appellants, together with Twin City Distributing Company, a corporation, and Ralph Caleca, were charged in the first count of a two count indictment with the substantive offense of willfully attempting to evade a part of the federal taxes due from the corporation for the fiscal year ended March 31, 1953, by filing a false corporation tax return and in the second count with conspiring to willfully attempt to evade the same taxes by certain...

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