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UNITED STATES v. BERNARD

No. 12868.

287 F.2d 715 (1961)

UNITED STATES of America, Plaintiff-Appellee, v. Leonard M. BERNARD, Charles E. Bernard and James B. Jackson, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 16, 1961.

Attorney(s) appearing for the Case

Maurice J. Walsh, Chicago, Ill., for appellant.

Robert Tieken, U. S. Atty., Charles R. Purcell, Jr., Asst. U. S. Atty., Chicago, Ill. (John Peter Lulinski, Mitchell S. Rieger, Asst. U. S. Attys., Chicago, Ill., of counsel), for appellee.

Before HASTINGS, Chief Judge, DUFFY, Circuit Judge, and MERCER, District Judge.

MERCER, District Judge.

The defendants, Leonard M. Bernard, Charles E. Bernard and James B. Jackson, were charged by indictment with having wilfully attempted to evade and defeat a part of the corporation income tax due and payable to the United States of America for the taxable year 1948 by Bernard Bros., Inc., a corporation, by the filing of a false and fraudulent income tax return on behalf of that corporation.1 The return was alleged...

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