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DYER v. STAUFFER

No. 4660.

19 F.2d 922 (1927)

DYER et al. v. STAUFFER, Marshal.

Circuit Court of Appeals, Sixth Circuit.

June 8, 1927.

Attorney(s) appearing for the Case

Herbert W. Nauts, of Washington, D. C., (U. G. Denman, of Toledo, Ohio, on the brief), for appellants.

D. L. Sears, Asst. U. S. Atty., of Toledo, Ohio (A. E. Bernsteen, U. S. Atty., of Cleveland, Ohio, on the brief), for appellee.

Before DENISON and MOORMAN, Circuit Judges, and GORE, District Judge.

PER CURIAM.

The United States brought an equity suit in the court below against the stockholders of a defunct corporation, alleging that taxes were due from it, that the defendants had received its assets on distribution, and that they should restore enough to pay these taxes. There were due personal service and, upon default, a decree as prayed. When an execution was levied, the defendants in that suit filed this bill against the United States marshal to enjoin collection...

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