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UNITED STATES v. MONTGOMERY

Cr. No. 19190.

158 F.Supp. 267 (1958)

UNITED STATES of America v. Joseph B. MONTGOMERY, Jr., President, Samuel E. Magid, Treasurer, John G. Baker, Asst. to Pres. (Officers of the Penn Ohio Steel Corporation).

United States District Court E. D. Pennsylvania.

January 14, 1958.

Attorney(s) appearing for the Case

Harold K. Wood, U. S. Atty., Norman C. Henss, Asst. U. S. Atty., Philadelphia, Pa., for plaintiff.

W. Bradley Ward, Herbert S. Mednick, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., David Brady, Gerald H. Ullman, New York City, for defendants.

EGAN, District Judge.

This is a motion to dismiss the indictment on the theory that it was not found within the time set forth in the governing Internal Revenue Code. Three questions are presented and are disposed of in the order of their importance.

It is alleged that the defendants filed a false and fraudulent corporate income tax return on or about April 14, 1950. Criminal proceedings were begun by filing a...

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