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UNITED STATES v. POTSTADA

Cr. No. 37926.

206 F.Supp. 792 (1962)

UNITED STATES of America, Plaintiff, v. Carl A. POTSTADA, Defendant.

United States District Court N. D. California, S. D.

June 26, 1962.

Attorney(s) appearing for the Case

Cecil F. Poole, U. S. Atty., William J. Cooney, Asst. U. S. Atty., San Francisco, Cal., for plaintiff.

Robert H. Schnacke, Kelso, Schnacke, Cotton & Holmer, San Francisco, Cal., for defendant.

OLIVER J. CARTER, District Judge.

Defendant moves to dismiss the third count of a three count indictment upon the ground that said count fails to state an offense.

This count purports to charge a violation of Section 7206(2) of Title 26 U.S. C. The pertinent portion of the section is as follows:

"Any person who — * * * "(2) Willfully aids or assists in, or procures, counsels, or advises the preparation or presentation under, or in...

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