UNITED STATES v. BARBER

No. 2544.

24 F.Supp. 229 (1938)

UNITED STATES v. BARBER et al.

District Court, D. Maryland.

August 10, 1938.


Attorney(s) appearing for the Case

Bernard J. Flynn, U. S. Atty., and G. Randolph Aiken, Asst. U. S. Atty., both of Baltimore, Md., and James W. Morris, Asst. Atty. Gen., and Andrew J. Sharpe and Lyle M. Turner, Sp. Assts. to Atty. Gen., for plaintiff.

McIntosh & Thrift and Wm F. Podlich, all of Baltimore, Md., and S. Wallace Dempsey, Bruce Fuller, McNeill & McNeill, and Kelly Kash, all of Washington, D. C., for defendants.


CHESNUT, District Judge.

This case is now before the court on motions of the defendants to dismiss the "first amended bill of complaint" in equity. The nature of the case is that the Government is endeavoring to impress a trust on the property of the defendants alleged to have been fraudulently received by them from a Delaware corporation known as the Fidelity Finance and Audit Corporation, against which the Commissioner of Internal Revenue made a deficiency tax assessment...

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