SMITH v. DONNELLY

Civil Action No. 414.

65 F.Supp. 415 (1946)

SMITH v. DONNELLY, Collector of Internal Revenue, et al.

District Court, E. D. Louisiana, New Orleans Division.

April 6, 1946.


Attorney(s) appearing for the Case

Walter B. Hamlin, of New Orleans, La., for plaintiff.

Herbert W. Christenberry, U. S. Atty., and Richard B. Montgomery, Jr., both of New Orleans, La., for New York Life Ins. Co. and State Life Ins. Co.

Milton W. Mangus, of Indianapolis, Ind., for State Life Ins. Co.

John May and Henry & Kelleher, all of New Orleans, La., for Travelers Ins. Co.

Harry P. Gamble, of New Orleans, La., for Guaranty Income Life Ins. Co. of Baton Rouge.


BORAH, District Judge.

In this action plaintiff seeks to prevent the United States from seizing the cash surrender value of eighteen insurance policies taken out by James Monroe Smith, her husband, on his life, and of three policies taken out by her on her life. The relief asked is that warrants of distraint, seizure, levy and demand issued by the United States Collector of Internal Revenue at New Orleans, Louisiana, be quashed and vacated.

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