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UNITED STATES v. HABIG

No. 17409.

413 F.2d 1108 (1969)

UNITED STATES of America, Plaintiff-Appellant, v. Arnold F. HABIG and Jerome M. Schroering, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied September 5, 1969.

Attorney(s) appearing for the Case

Mitchell Rogovin, Joseph M. Howard, Richard B. Buhrman, Attys., Dept. of Justice, Johnnie M. Walters, Asst. Atty. Gen., Washington, D. C., K. Edwin Applegate, U. S. Atty., Indianapolis, Ind., for plaintiff-appellant.

Fred P. Bamberger, Evansville, Ind., John W. Houghton, Alan W. Boyd, Anton Dimitroff, Indianapolis, Ind., for appellees, Bamberger, Foreman, Oswald & Hahn, Evansville, Ind., Barnes, Hickam, Pantzer & Boyd, Indianapolis, Ind., of counsel.

Before FAIRCHILD and CUMMINGS, Circuit Judges, and GRANT, District Judge.

CUMMINGS, Circuit Judge.

This case arises on the Government's appeal under 18 U.S.C. § 3731 from an order suppressing certain evidence. In August 1966, defendants were indicted for attempting to evade the income taxes of four corporations and for aiding and assisting in the preparation of a fifth corporation's2 false income tax return, in violation of Sections 7201 and 7206(2) of the Internal...

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