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UNITED STATES v. ABATTI

Crim. No. 78-0294.

463 F.Supp. 596 (1978)

UNITED STATES of America, Plaintiff, v. Ben ABATTI and Mickey H. Macklin, Defendants.

United States District Court, S. D. California.

December 22, 1978.

Attorney(s) appearing for the Case

Herbert B. Hoffman, Asst. U.S. Atty., San Diego, Cal., for plaintiff.

James O. Hewitt, Harry D. Steward, San Diego, Cal., for defendant Abatti.

John A. Mitchell, San Diego, Cal., for defendant Macklin.

GORDON THOMPSON, Jr., District Judge.

The defendants have filed motions to dismiss the indictment on the grounds that an earlier decision adverse to the government in the Tax Court bars this criminal prosecution under the doctrine of collateral estoppel. The case arises from the transactions of a profitable farming operation owned and operated by defendant Ben Abatti and his brother Tony. Defendant Macklin, an accountant...

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