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UNITED STATES v. GREENBERG

No. 18285.

320 F.2d 467 (1963)

UNITED STATES of America, Appellant, v. Hyman GREENBERG, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 21, 1963.

Attorney(s) appearing for the Case

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section; and Richard A. Murphy, Asst. U. S. Atty., Assistant Chief, Criminal Section, Los Angeles, Cal., for appellant.

Bertram H. Ross, Los Angeles, Cal., for appellee.

Before JERTBERG and MERRILL, Circuit Judges, and WEIGEL, District Judge.

JERTBERG, Circuit Judge.

The basic question on this appeal by the government is whether the District Court properly dismissed an indictment returned against appellee on the ground that prosecution of the offense charged in the indictment is barred by the Statute of Limitations.

The one count indictment was filed in the District Court on May 23, 1962 and charges that the appellee, on or about April 14, 1956:

"did wilfully and knowingly attempt to evade...

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