UNION PLANTERS NAT. BANK v. HENSLEE

No. 10576.

166 F.2d 993 (1948)

UNION PLANTERS NAT. BANK v. HENSLEE.

Circuit Court of Appeals, Sixth Circuit.

March 15, 1948.


Attorney(s) appearing for the Case

Sam P. Walker, of Memphis Tenn. (Sam P. Walker and D. T. Page, both of Memphis, Tenn., on the brief; Waring, Walker & Cox, of Memphis, Tenn., of counsel), for appellants.

Louise Foster, of Washington, D. C. (Theron Lamar Caudle, Sewall Key, George A. Stinson and Irving I. Axelrod, all of Washington, D. C., Ward Hudgins, of Franklin, Tenn. and A. C. Denning, of Nashville, Tenn., on the brief), for appellee.

Before HICKS, SIMONS and MILLER, Circuit Judges.


HICKS, Circuit Judge.

Suit by the Executors of the Will of Willam Bate Williams to recover of the Collector of Internal Revenue for the District of Tennessee the sum of $35,899.12, with interest.

The court sustained defendant's motion to dismiss upon the ground that the complaint did not state a cause of action; hence this appeal.

No citation of authorities is needed to support the proposition that upon such a motion all allegations of fact, properly...

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