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U.S. v. SKELTON

No. 89-3456.

893 F.2d 40 (1990)

The UNITED STATES v. Robert Thomas SKELTON a/k/a Tommy Skelton, a/k/a Tommy Hayes Skelton, Donna Tozzi a/k/a Donna E. Skelton, Dean Anthony Tozzi, Alan Frank a/k/a A. Roy, John A. Koval, Sr. Appeal of UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided January 8, 1990.

Rehearing and Rehearing Denied February 16, 1990.

Attorney(s) appearing for the Case

Charles D. Sheehy, Acting U.S. Atty., Constance M. Bowden (argued), Pittsburgh, Pa., for appellant.

Victor H. Pribanic (argued), Pribanic and Pribanic, McKeesport, Pa., for appellees.

Before SLOVITER, GREENBERG and SEITZ, Circuit Judges.

Rehearing and Rehearing In Banc Denied February 16, 1990.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

The United States, pursuant to 18 U.S.C. § 3731, appeals from an order of May 31, 1989, granting appellee, Donna C. Tozzi, a new trial following her conviction under 18 U.S.C. § 371, for conspiring to defraud the United States of income tax due and owing.

The circumstances leading to this appeal are as follows. An indictment...

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