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ROOT v. UNITED STATES

No. 7560.

85 F.2d 612 (1936)

ROOT et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 26, 1936.

Attorney(s) appearing for the Case

Cyrus B. Frost, of Eastland, Tex., Albert B. Hall, of Dallas, Tex., and Earl Conner, of Eastland, Tex., for appellants.

Clyde O. Eastus, U. S. Atty., and A. M. Mood, Asst. U. S. Atty., both of Fort Worth, Tex.

Before FOSTER, Circuit Judge, and DAWKINS and STRUM, District Judges.

FOSTER, Circuit Judge.

This is the second appeal in this case. It is a suit by the United States to recover against principal and surety on a bond given to prevent collection by distraint of income taxes against C. M. Root. The defense is that collection of the taxes was barred by limitation; that the bond was exacted by duress; and that it was without consideration. On the first trial in the District Court there was judgment for Root and the surety company. That...

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