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UNITED STATES v. GARBUTT

No. 69.

35 F.2d 924 (1929)

UNITED STATES v. GARBUTT et al.

Circuit Court of Appeals, Tenth Circuit.

October 18, 1929.

Attorney(s) appearing for the Case

Ralph E. Smith, of Washington, D. C. (Albert D. Walton, U. S. Atty., of Cheyenne, Wyo., and C. M. Charest, of Washington, D. C., on the brief), for the United States.

H. Glenn Kinsley, of Sheridan, Wyo., for appellees.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

The appellees are stockholders of the Farnam Oil & Gas Company, a dissolved corporation, to whom were distributed its assets on dissolution. The government seeks to impress a trust upon such assets for the payment of corporate income taxes, claimed to be due for the year 1919. The right of the government to follow corporate assets into the hands of stockholders is not now open to dispute. Russell v. United States, 278 U...

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