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HARVEY v. EARLY

No. 5557.

160 F.2d 836 (1947)

HARVEY v. EARLY et al.

Circuit Court of Appeals, Fourth Circuit.

April 9, 1947.

Attorney(s) appearing for the Case

L. Grafton Tucker, of Lovingston, Va., and William Kinckle Allen, of Amherst, Va., for appellant.

Fred J. Neuland, Sp. Asst. to Atty. Gen. (Sewall Key, Acting Asst. Atty. Gen., Helen R. Carloss, Sp. Asst. to Atty. Gen., Howard C. Gilmer, Jr., Acting U. S. Atty., of Pulaski, Va., and R. Roy Rush, Asst. U. S. Atty., of Roanoke, Va., on the brief), for appellees.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from an order dismissing a suit instituted to enjoin the collection of a jeopardy assessment of additional income taxes with penalties and interest, and to require the repayment to taxpayer of the amounts collected thereon under a warrant of distraint. The case was heard on the pleadings, and the facts as they were at the time of the hearing are adequately stated in the opinion of the District Judge, which is reported in

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