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UNITED STATES v. O'DELL

No. 10188.

160 F.2d 304 (1947)

UNITED STATES v. O'DELL

Circuit Court of Appeals, Sixth Circuit.

March 10, 1947.

Attorney(s) appearing for the Case

Lee A. Jackson, of Washington, D. C. (Sewall Key, A. F. Prescott, and Lee A. Jackson, all of Washington, D. C., and John C. Lehr and Morris Zwerdling, both of Detroit, Mich., on the brief), for appellant.

John Sklar, of Detroit, Mich. (Meyers & Keys and John Sklar, both of Detroit, Mich., on the brief), for appellee.

Before HICKS, ALLEN, and MILLER, Circuit Judges.

ALLEN, Circuit Judge.

This is an action instituted by the Government under section 3710, I.R.C., 26 U. S.C.A.Int.Rev.Code, § 3710, to collect from a trustee for benefit of creditors of the Howie Company, an insolvent Michigan corporation, certain unpaid excise taxes which had theretofore been assessed against the Howie Company. The District Court dismissed the complaint, and this appeal was prosecuted.

The facts are stipulated, and show that on June 2...

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