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LUMETTA v. UNITED STATES

No. 18170.

362 F.2d 644 (1966)

Stephen LUMETTA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 23, 1966.

Attorney(s) appearing for the Case

J. A. Gochenour, St. Louis, Mo., for appellant; Charles R. Cuntz, St. Louis, Mo., on the brief.

Robert J. Koster, Asst. U. S. Atty., St. Louis, Mo., for appellee; Richard D. Fitz-Gibbon, Jr., U. S. Atty., St. Louis, Mo., on the brief.

Before VOGEL, Chief Judge, MEHAFFY, Circuit Judge, and McMANUS, District Judge.

MEHAFFY, Circuit Judge.

Lumetta, president of Stephens Cement Contractors, Inc., (Stephens) appeals from convictions upon each count of a three-count indictment charging the willful failure to file tax returns for Stephens in violation of 26 U.S.C.A. § 7203.1 Each count alleged a separate offense for the fiscal years ending March 31, 1959, 1960 and 1961. A jury found Lumetta guilty on each count and the court sentenced him to a term...

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