United States v. One Bally Sun Valley Pinball MacHine

EDWIN F. HUNTER, Judge:

The government has petitioned for a new trial or modification of judgment. It is accurately alleged that the court erroneously found that intervenor had no previous knowledge that the taxes had not been paid upon the due dates. There is really no serious factual dispute in these cases and we appreciate that in this type of case the record should be as clear as possible factually in order to obtain a Fifth Circuit ruling squarely on the law.

We have filed an amended opinion herewith eliminating the finding complained of. A review of the record does reveal that in most…