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UNITED STATES v. ROOT

No. 6706.

62 F.2d 385 (1933)

UNITED STATES v. ROOT et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 28, 1933.

Attorney(s) appearing for the Case

Wright Matthews, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C., and C. W. Johnson, Jr., U. S. Atty., of Fort Worth, Tex., for the United States.

Richard Hughston and Albert B. Hall, both of Dallas, Tex., and Earl Conner and Cyrus B. Frost, both of Eastland, Tex., for appellees.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

The United States brought this suit on a bond given by appellee Root in connection with an abatement claim. By the condition of the bond Root and his surety, the other appellee, obligated themselves to pay "all sums of money finally adjudicated by the Commissioner of Internal Revenue to be due the United States by the principal for the period covered by the claim as taxes, penalties and interest."

Appellee Root contended that, because...

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