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UNITED STATES v. KLEIN

139 F.Supp. 135 (1955)

UNITED STATES of America v. Hyman Harvey KLEIN, Isidor J. Klein, Albert McLennan, George Norgan, Ellis Rosenberg, Maurice Haas, and Morris O. Alprin, Defendants.

United States District Court S. D. New York.

June 28, 1955.

Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty., New York City, by Arnold Bauman, Harold R. Tyler, Jr., Joseph De Franco, John J. Donahue, Martin Carmichael, Jr., and Arthur Brooks, Asst. U. S. Attys., and James Riordan, Attorney, Department of Justice, Washington, D. C., for the Government.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, Theodore A. Kiendl, William Meagher, John Reed, New York City, and Fred Horowitz, Los Angeles, Cal., of counsel, for defendant Hyman Harvey Klein.

Louis Bender, New York City, for defendant Maurice Haas.

F. Joseph Donohue, Washington, D. C., Michael Kaminsky and Abraham S. Goldstein, Washington, D. C., of counsel, for defendant Morris O. Alprin.

Samuel Becker, New York City, for Irving A. Koerner.

Greenman, Shea, Sandomire & Zimet, and Barr & Barr, New York City, for Albert Roer.

SUGARMAN, District Judge.

At the end of the government's case in the trial of the indictment herein, all defendants moved for judgment of acquittal, Fed.Rules Crim.Proc. rule 29 (a), 18 U.S.C.A., on all counts.

The five count indictment here charges in counts 1, 2 and 3 that, in 1948, defendant Hyman H. Klein filed a federal income tax return which was false in that it treated as a capital gain in 1947 that which was his individual income in 1944, 1945 and...

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