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UNITED STATES v. COLE

No. 69 Cr. 827.

334 F.Supp. 961 (1971)

UNITED STATES of America, Plaintiff, v. Marvin R. COLE et al., Defendants.

United States District Court, S. D. New York.

November 26, 1971.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., for plaintiff, by Edward M. Shaw, Asst. U. S. Atty., of counsel.

Millard & Greene, New York City, for defendants, by Myron Greene, New York City, Stanley P. Gimbel, Milwaukee, Wis., and Howard R. Udell, New York City, of counsel.

OPINION

POLLACK, District Judge.

This is a criminal case charging income tax evasion and the filing of perjurious tax returns. A jury returned guilty verdicts against all three defendants on January 14, 1971. Post-trial hearings were held on March 24 through March 27, 1971, on a motion of defendants seeking to void the prosecution on the ground that the government's proceedings and proof were tainted by illegal...

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