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UNITED STATES v. FALBO

No. 16266.

391 F.2d 264 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. Frank J. FALBO and James Vercillo, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

March 7, 1968.

Attorney(s) appearing for the Case

John Powers Crowley, Chicago, Ill., for appellant.

Edward V. Hanrahan, U. S. Atty., Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, and FAIRCHILD and CUMMINGS, Circuit Judges.

ORDER

The defendants were indicted in two counts charging them (1) with wilfully failing to pay the special occupational tax on wagering (26 U.S.C. sec. 4411) and (2) with wilfully failing to file a special tax return and application for registry-wagering (26 U.S.C. sec. 4412), in violation of 26 U.S.C. sec. 7203. Before trial defendants moved to dismiss the indictments because the statutes involved infringed upon their...

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