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UNITED STATES v. SLUTSKY

Nos. 1037, 1038, Dockets 73-1549, 73-1550.

487 F.2d 832 (1973)

UNITED STATES of America, Appellee, v. Ben J. SLUTSKY and Julius Slutsky, d/b/a "The Nevele", Appellants.

United States Court of Appeals, Second Circuit.

Decided September 24, 1973.

Attorney(s) appearing for the Case

Louis Bender, New York City (Sandor Frankel, New York City, on the brief), for appellant Ben J. Slutsky.

William Esbitt, New York City (Edward Brodsky and Edwin L. Schwartz, New York City, on the brief), for appellant Julius Slutsky.

John J. Tigue, Jr., Asst. U. S. Atty., New York City (Paul J. Curran, U. S. Atty., Robert P. Walton and John W. Nields, Jr., Asst. U. S. Attys., New York City, on the brief), for appellee.

Before LUMBARD, HAYS and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

Ben J. Slutsky and Julius Slutsky appeal from judgments of conviction entered upon jury verdicts returned January 9, 1973 after a six day trial before Lloyd F. MacMahon, District Judge, in the Southern District of New York. Each appellant was found guilty on three counts of attempted personal income tax evasion, in violation of 26 U.S.C. § 7201 (1970). In addition, Ben J. Slutsky was found guilty on two counts, and Julius Slutsky...

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