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UNITED STATES v. PAYNER

No. 77-5200.

572 F.2d 144 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Jack PAYNER, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 17, 1978.

Attorney(s) appearing for the Case

William D. Beyer, U. S. Atty., Cleveland, Ohio, John F. Hyland, Jr., Dora A. Saharuni, M. Carr Ferguson, Robert E. Lindsey, James A. Bruton, Tax Div., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Bennett Kleinman, Bernard J. Stuplinski, Kahn, Kleinman, Yanowitz & Arnson, Cleveland, Ohio, for defendant-appellee.

Before PHILLIPS, Chief Judge, and ENGEL and KEITH, Circuit Judges.

PHILLIPS, Chief Judge.

The Government appeals from the decision of the district court suppressing evidence in a prosecution for knowingly and wilfully making a false statement on a federal income tax return. Reference is made to the comprehensive opinion of the district court for a recitation of pertinent facts. United States v. Payner, 434 F.Supp. 113 (N.D.Ohio 1977).

The case was tried before the district judge...

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