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UNITED STATES v. GROSS

No. 179, Docket 26488.

286 F.2d 59 (1961)

UNITED STATES of America, Appellee, v. Harold GROSS, also known as Harry Gross, Appellant.

United States Court of Appeals Second Circuit.

Decided January 31, 1961.

Attorney(s) appearing for the Case

Joseph J. Balliro, Boston, Mass., P. D. Maktos, Chicago, Ill., Robert A. Freeman, and Gaynor, Mosher, Freeman & Pisani, New Rochelle, N. Y., of counsel, for appellant.

S. Hazard Gillespie, Jr., U. S. Atty. for Southern District of New York, New York City (John A. Guzzetta, Asst. U. S. Atty., New York City, of counsel), for United States.

Before MAGRUDER, WATERMAN and FRIENDLY, Circuit Judges.

PER CURIAM.

This appeal is from a judgment of conviction upon the retrial directed in United States v. Gross, 2 Cir., 1960, 276 F.2d 816, certiorari denied on defendant's petition relating to venue, 1960, 363 U.S. 831, 80 S.Ct. 1602, 4 L.Ed.2d 1525. This time Gross was convicted only on Counts II and III, relating to understatement of net income and of tax in the returns for 1954 and 1955. These were the years as to which the government...

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