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DER GARABEDIAN v. UNITED STATES

No. 22667.

372 F.2d 697 (1966)

George C. DER GARABEDIAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing February 3, 1967.

Attorney(s) appearing for the Case

James S. McGrath, Walter M. Sekaly, Beaumont, Tex., for appellant.

H. S. Nicholson, Asst. U. S. Atty., Tyler, Tex., Jack M. McAdams, Asst. U. S. Atty., Beaumont, Tex., Fred M. Vinson, Jr., Asst. Atty. Gen., Crim. Div. Dept. of Justice, Washington, D. C., William Wayne Justice, U. S. Atty. Eastern Dist. of Texas, Tyler, Tex., for appellee.

Before JONES and DYER, Circuit Judges, and SPEARS, District Judge.

SPEARS, District Judge.

Appellant was found guilty by a jury on Count Two of a four count information charging him with accepting and receiving wagers during the fiscal year ending June 30, 1963, without having paid the special occupational tax imposed by 26 U.S.C., Section 4411, in violation of 26 U.S.C., Section 7262. He was acquitted on Count One charging the same offense during the fiscal year ending June 30, 1962. Counts Three and Four were dismissed.

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