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ROSENBERG v. McLAUGHLIN

No. 6872.

66 F.2d 271 (1933)

ROSENBERG et al. v. McLAUGHLIN, Collector of Internal Revenue.

Circuit Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing September 6, 1933.

Attorney(s) appearing for the Case

Adolphus E. Graupner, of San Francisco, Cal., for appellants.

I. M. Peckham, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal. (C. M. Charest, Gen. Counsel, and J. C. Swayze and Charles K. Hoover, Attys., Bureau of Internal Revenue, all of Washington, D. C., of counsel), for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and KERRIGAN, District Judge.

KERRIGAN, District Judge.

Appellants have sought by a bill in equity to enjoin the sale of an undivided interest in certain real property under distraint proceedings to collect a deficiency in federal estate tax. This interest was part of the estate of Isidore Rosenberg, deceased, the father of appellants, who will be hereafter referred to as the testator. The appeal is from the order granting the collector's motion to dismiss the bill of complaint. If the collector...

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