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SILVERMAN v. UNITED STATES

Nos. 15186, 15258, 15259.

275 F.2d 173 (1960)

Julius SILVERMAN, Appellant, v. UNITED STATES of America, Appellee. Meyer SCHWARTZ, Appellant, v. UNITED STATES of America, Appellee. Robert L. MARTIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 4, 1960.

Petition for Rehearing Denied March 8, 1960.

Attorney(s) appearing for the Case

Mr. Edward Bennett Williams, Washington, D. C., with whom Mr. Thomas A. Wadden, Jr., and Miss Agnes A. Neill, Washington, D. C., were on the brief, for appellants.

Mr. Thomas A. Flannery, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Before WILBUR K. MILLER, WASHINGTON and DANAHER, Circuit Judges.

Petition for Rehearing En Banc Denied March 8, 1960.

DANAHER, Circuit Judge.

Appellants were jointly indicted on four counts charging, in one respect or other, violation of the District of Columbia Code proscribing gambling,1 and on a fifth count which charged they had engaged in the business of accepting wagers without having paid the special tax required by the Internal Revenue Code.2 They were acquitted...

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