Solicitor General Griswold, Assistant Attorney General Wilson, Beatrice Rosenberg and Mervyn Hamburg, for the United States.
Jack McManus, for appellee.
The judgment is vacated and the case is remanded to the United States District Court for the Western District of Wisconsin with instructions to reinstate count 1 of the indictment, charging a violation of 26 U.S.C. 4742(a).[ U.S. v. Simon 397 U.S. 594 (1970) ]