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UNITED STATES v. COLE

No. 69 Cr. 827.

351 F.Supp. 795 (1972)

UNITED STATES of America, Plaintiff, v. Marvin R. COLE et al., Defendants.

United States District Court, S. D. New York.

December 6, 1972.

Attorney(s) appearing for the Case

Millard & Greene, Saxe, Bacon, Bolan & Manley, New York City, for defendants, by Roy M. Cohn, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty. for Southern District of New York, by John W. Nields, Jr., Asst. U. S. Atty., for plaintiff.

POLLACK, District Judge.

Defendants move pursuant to Rule 33 Fed.R.Cr.P. to set aside their convictions of engaging in income tax frauds and of conspiring to do so and for a new trial upon the ground of newly discovered evidence.

I.

This is defendants' third attempt to win a dismissal or a new trial. The earlier moves were rejected in opinions herein, reported at 325 F.Supp. 763 and 334 F.Supp...

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