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UNITED STATES v. BESASE

No. 17035.

373 F.2d 120 (1967)

UNITED STATES of America, Plaintiff-Appellee, v. George BESASE, John Besase, Sam Besase, Ted Malson, Angelo Perna and Sam Rappaport, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

February 23, 1967.

Attorney(s) appearing for the Case

John Kennedy Lynch, Cleveland, Ohio, and Paul A. Weick, Akron, Ohio, Marcus L. Friedman, James Slater Gibson, Toledo, Ohio, on brief, for appellants.

John G. Mattimoe, Asst. U. S. Atty., Toledo, Ohio, Merle M. McCurdy, U. S. Atty., Toledo, Ohio, on brief, for appellee.

Before PHILLIPS, PECK and McCREE, Circuit Judges.

McCREE, Circuit Judge.

Following a non-jury trial, appellants were convicted of engaging in business as partners in a single six-member partnership in the conduct of a numbers lottery and with filing false and fraudulent Tax on Wagering Tax Returns for certain taxable periods. Appellants had obtained Wagering Tax Stamps for three two-member partnerships, each of which had filed returns for the specified periods declaring an aggregate amount of wagers substantially...

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