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UNITED STATES v. FOGARTY

No. 13590.

164 F.2d 26 (1947)

UNITED STATES v. FOGARTY.

Circuit Court of Appeals, Eighth Circuit.

November 4, 1947.

Attorney(s) appearing for the Case

John E. Garvey, Sp. Asst. to Atty. Gen. (Theron L. Caudle, Asst. Atty. Gen., Sewall Key, Lee H. Jackson, and Helen Goodner, Sp.Assts. to Atty. Gen., and Victor E. Anderson, U. S. Atty., and James J. Giblin, Asst. U. S. Atty., both of St. Paul, Minn., on the brief), for appellant.

Arthur M. Clure, of Duluth, Minn. (E. L. Fogarty, and McCabe, Gruber, Clure, Donovan & Crassweller, all of Duluth, Minn., on the brief), for appellee.

Before GARDNER, WOODROUGH, and RIDDICK, Circuit Judges.

WOODROUGH, Circuit Judge.

This is an appeal by the United States from a judgment in the amount of $1,491.34 with 6 per cent interest, rendered against it in bankruptcy proceedings in favor of the trustee in the bankruptcy. The judgment is intended to compel payment to the trustee of said sum of $1,491.34, which the United States is withholding as a partial offset against taxes which the court found to be invalid. The facts were stipulated and we summarize them from...

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