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GREENBERG v. UNITED STATES

No. 5834.

295 F.2d 903 (1961)

Max GREENBERG, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

November 7, 1961.

Attorney(s) appearing for the Case

James R. McGowan, Providence, R. I., with whom Lester H. Salter and Salter & McGowan, Providence, R. I., were on brief, for appellant.

William J. Gearon, Asst. U. S. Atty., Woonsocket, R. I., with whom Raymond J. Pettine, U. S. Atty., Providence, R. I., and Frederick W. Faerber, Jr., Asst. U. S. Atty., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

The defendant was indicted in five counts, three for attempting to cause Star Pharmacy, Inc., a small Rhode Island drugstore corporation of which he was president, treasurer and sole stockholder, to file false and fraudulent income tax returns for the years 1952, 1953 and 1954, and two for willfully failing to file personal returns for the first two of those years. He was convicted on all counts. On appeal we reversed, partly because of the...

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