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UNITED STATES v. HETHERINGTON

No. 12811.

279 F.2d 792 (1960)

UNITED STATES of America, Plaintiff-Appellee, v. Robert C. HETHERINGTON, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied August 1, 1960.

On Petition for Rehearing August 3, 1960.

Attorney(s) appearing for the Case

Anna R. Lavin, Edward J. Calihan, Jr., Chicago, Ill., for appellant.

Robert Tieken, U. S. Atty., Albert F. Manion, Asst. U. S. Atty., Chicago, Ill., John Peter Lulinski and Charles R. Purcell, Jr., Asst. U. S. Attys., Chicago, Ill., of counsel, for appellee.

Before HASTINGS, Chief Judge, and KNOCH and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

The defendant Robert C. Hetherington was indicted on March 12, 1959 for attempted evasion of his individual income taxes for the calendar years 1952, 1953 and 1954, in violation of Section 145(b) of the Internal Revenue Code of 1939, 26 U.S.C. § 145(b) and Section 7201 of the Internal Revenue Code of 1954, 26 U.S. C. § 7201.

On April 3, 1959 defendant entered a plea of not guilty and was given until May 4, 1959 to file motions...

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