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KYLE v. McGUIRK

No. 5784.

82 F.2d 212 (1936)

KYLE, Acting Collector of Internal Revenue, v. McGUIRK.

Circuit Court of Appeals, Third Circuit.

February 13, 1936.

Attorney(s) appearing for the Case

Frank J. Wideman, Asst. Atty. Gen., Sewall Key, Norman D. Keller, and Arthur P. Curran, Sp. Assts. to the Atty. Gen., and Charles D. McAvoy, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa., for appellant.

Charles E. Kenworthey and Evans, Bayard & Frick, all of Philadelphia, Pa., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

This is an appeal by Kyle, acting collector of internal revenue, hereinafter referred to as the collector, from a decree of the District Court for the Eastern District of Pennsylvania. The collector imposed a lien for taxes against John J. McGuirk for $3,648.82. McGuirk was the assured in a standard contract of life insurance of which his wife, the appellee herein, was beneficiary. The assured had the right to change the beneficiary, to borrow...

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