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MICHAELS ENTERPRISES, INC. v. UNITED STATES

No. 17137.

321 F.2d 913 (1963)

MICHAELS ENTERPRISES, INC., and James A. Michaels, Jr., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied September 20, 1963.

Attorney(s) appearing for the Case

Murray L. Randall, St. Louis, Mo., for appellants; Morris A. Shenker, St. Louis, Mo., on the brief.

Frederick H. Mayer, Asst. U. S. Atty., St. Louis, Mo., for United States; Richard D. FitzGibbon, Jr., U. S. Atty., St. Louis, Mo., on the brief.

Before VOGEL, VAN OOSTERHOUT and RIDGE, Circuit Judges.

RIDGE, Circuit Judge.

Appellants, Michaels Enterprises, Inc., a corporation, and James A. Michaels Jr., its President, were convicted by jury verdict on both counts of an indictment charging, in Count I thereof, that the corporation was a retail dealer of distilled spirits, wines and beer, and "a person required to keep and file records, returns," etc., as required by Chapter 51, Title 26 U.S.C.A., and James A. Michaels, Jr., being its President "did fail and refuse...

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