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UNITED STATES v. CURRY

No. 24877.

428 F.2d 785 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Deodies CURRY and Shirley Pierce Curry, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 17, 1970.

Attorney(s) appearing for the Case

Joseph L. McAdams, Moses Lake, Wash., for defendants-appellants.

Dean C. Smith, U. S. Atty., Carroll D. Gray, Asst. U. S. Atty., Spokane, Wash., for plaintiff-appellee.

Before JERTBERG, WRIGHT and KILKENNY, Circuit Judges.

PER CURIAM:

Appellants, husband and wife, following trial to a jury, were convicted of violations of Federal statutes dealing with carrying on the business of a retail dealer in liquors and beer.

The indictment is in two counts. Count I charged that at various times during the calendar year 1968, the appellants carried on the business of a retail dealer in liquor and beer and did wilfully fail to pay the special tax required by 26 U.S.C. § 5121(a),

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