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UNITED STATES v. POUTRE

No. 79-1193.

646 F.2d 685 (1980)

UNITED STATES of America, Appellee, v. William F. POUTRE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 31, 1980.

Attorney(s) appearing for the Case

Francis J. DiMento, Boston, Mass., with whom Constance A. Fitzgerald and DiMento & Sullivan, Boston, Mass., were on brief on rehearing, for defendant, appellant.

James A. Bruton, Atty., Tax Division, Dept. of Justice, Washington, D. C., with whom M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews and Robert E. Lindsay, Attys., Tax Division, Dept. of Justice, Washington, D. C., Edward F. Harrington, U. S. Atty. and Charles E. Chase, Asst. U. S. Atty., Boston, Mass., were on brief on rehearing, for appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

ON PETITION FOR REHEARING EN BANC

PER CURIAM.

On April 4, 1980 a panel of this court issued an opinion setting aside a conviction for violation of 18 U.S.C. § 1001,1 and ordering the indictment dismissed. The prosecution of appellant arose out of a tax investigation of one Petruzziello, purchasing agent for the First National Bank of Boston, to determine if he had received kickbacks...

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