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UNITED STATES v. McCUE

Nos. 27, 28, Dockets 26693, 26694.

301 F.2d 452 (1962)

UNITED STATES of America, Plaintiff-Appellee, v. James O. McCUE, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. James O. McCUE, Sr., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 20, 1962.

Certiorari Denied June 25, 1962.

Attorney(s) appearing for the Case

John P. Burke, Washington, D. C. (John B. Jones, Jr., Acting Asst. Atty. Gen., Joseph M. Howard, Eldon F. Hawley, Attys., Dept. of Justice, Richard B. Buhrman, Atty., I. R. S., on the brief), for plaintiff-appellee.

Simon H. Rifkind (of Paul, Weiss, Rifkind, Wharton & Garrison), New York City (Samuel J. Silverman, John G. Simon, Allan L. Blumstein, New York City, of counsel, and George F. Lowman, Cummings & Lockwood, and Francis J. McNamara, of Stamford, Conn., on the brief), for defendants-appellants.

Before LUMBARD, Chief Judge, and MOORE and HAYS, Circuit Judges.

Certiorari Denied June 25, 1962. See 82 S.Ct. 1586.

HAYS, Circuit Judge.

Defendants appeal from judgments of conviction entered, after separate trials, upon jury verdicts finding them guilty under 18 U.S.C. § 10011 of making false statements to Special Agents of the Internal Revenue Service. McCue, Jr., who was convicted on two counts, was fined $5000 and sentenced to one year in prison on each count, the terms to run concurrently...

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