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UNITED STATES v. KNOX COAL COMPANY

No. 14803.

347 F.2d 33 (1965)

UNITED STATES of America v. KNOX COAL COMPANY, Robert L. Dougherty, August J. Lippi, Josephine Sciandra and Louis Fabrizio, August J. Lippi, Appellant.

United States Court of Appeals Third Circuit.

Decided June 21, 1965.

As Amended June 25, 1965.

Attorney(s) appearing for the Case

Jacob W. Friedman, New York City, (Edwin M. Kosik, Scranton, Pa., on the brief), for appellant.

John P. Burke, Criminal Tax Div., Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Joseph M. Howard, Attys., Dept. of Justice, Washington, D. C., on the brief), Bernard J. Brown, U. S. Atty., Washington, D. C., of counsel, for the United States.

Before KALODNER, GANEY and FREEDMAN, Circuit Judges.

GANEY, Circuit Judge.

The Knox Coal Company ("Company") was indicted on March 10, 1961, along with four individuals named respectively Robert L. Dougherty, Josephine Sciandra, Louis Fabrizio and August J. Lippi. The indictment contained seven counts. Six of them were based on violations of 26 U.S.C.A. § 72011; the other on a transgression of 18 U.S.C.A. § 371, the general conspiracy section of the Criminal Code. Count I in substance...

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