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STEIN v. UNITED STATES

No. 22770.

363 F.2d 587 (1966)

Philip STEIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 2, 1966.

Attorney(s) appearing for the Case

Henry Klepak, Roy J. True, Dallas, Tex., for appellant.

Stanley McMurry, Asst. U. S. Atty., Melvin M. Diggs, U. S. Atty., B. H. Timmins, Jr., Asst. U. S. Atty., Dallas, Tex., for appellee.

Before TUTTLE, Chief Judge, RIVES, Circuit Judge, and CHOATE, Senior District Judge.

CHOATE, Senior District Judge:

Appellant was convicted in the district court for making and submitting false documents to the Tax Court in violation of 18 U.S.C. § 1001, which provides:

"Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representation...

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