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UNITED STATES v. PAYNER

No. 78-5278.

590 F.2d 206 (1979)

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

United States Court of Appeals, Sixth Circuit.

Decided January 12, 1979.

Rehearing and Rehearing Denied March 20, 1979.

Attorney(s) appearing for the Case

James R. Williams, U. S. Atty., Cleveland, Ohio, M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Robert E. Lindsay, James A. Bruton, Tax Div., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Bennet Kleinman, Cleveland, Ohio, for defendant-appellee.

Before PHILLIPS, Chief Judge, KEITH, Circuit Judge, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied March 20, 1979.

PER CURIAM.

This is the second appeal by the Government from the decision of the district court granting the motion of defendant to suppress evidence. In United States v. Payner, 572 F.2d 144 (6th Cir. 1978), this court dismissed the appeal for want of jurisdiction.

Jack Payner was indicted for making false statements on his income tax return. The case was...

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