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UNITED STATES v. HABIG

No. 71-1654.

474 F.2d 57 (1973)

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

United States Court of Appeals, Seventh Circuit.

Decided January 24, 1973.

Certiorari Denied May 7, 1973.

Attorney(s) appearing for the Case

Stanley B. Miller, U. S. Atty., Indianapolis, Ind., Fred B. Ugast, Tax Division, John P. Burke, Atty., U. S. Department of Justice, Washington, D. C., for plaintiff-appellant.

Fred P. Bamberger, Evansville, Ind., John W. Houghton, Indianapolis, Ind., for defendants-appellees.

Before SWYGERT, Chief Judge, and KILEY and FAIRCHILD, Circuit Judges.

Certiorari Denied May 7, 1973. See 93 S.Ct. 2145.

SWYGERT, Chief Judge.

This appeal is from an order by the district court suppressing the use of certain evidence in a criminal tax evasion prosecution. The evidence was obtained by Government agents during the preindictment investigation. Entered pursuant to a motion under Fed.R.Crim.P. 41(e), the order followed an evidentiary hearing and was based on findings of fact and conclusions of law made by the district...

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