COBB v. UNITED STATES

No. 9823.

172 F.2d 277 (1949)

COBB v. UNITED STATES et al.

United States Court of Appeals District of Columbia Circuit.

Decided January 10, 1949.


Attorney(s) appearing for the Case

Mr. John U. Gardiner, of Washington, D. C., for appellant.

Mr. A. Devitt Vanech, Assistant Attorney General, with whom Messrs. George Morris Fay, United States Attorney, John F. Cotter and Thomas L. McKevitt, Attorneys, Department of Justice, all of Washington, D. C., were on the brief, for appellee United States. Mr. Sidney S. Sachs and Mrs. Helena Doocy Reed, Assistant United States Attorneys, both of Washington, D. C., also entered appearances for appellee United States.

Mr. N. Meyer Baker, of Washington, D. C., with whom Mr. Lucien H. Mercier, of Washington, D. C., was on the brief, submitted on the brief for appellee Shore.

Mr. Harry L. Walker, Assistant Corporation Counsel, of Washington, D. C., with whom Messrs. Vernon E. West, Corporation Counsel, Chester H. Gray, Principal Assistant Corporation Counsel, and George F. Lynch, Assistant Corporation Counsel, all of Washington, D. C., were on the brief, for the District of Columbia as amicus curiae, urged reversal. Mr. George C. Updegraff, Assistant Corporation Counsel, of Washington, D. C., also entered an appearance for the District of Columbia as amicus curiae.

Before EDGERTON, CLARK, and WILBUR K. MILLER, Circuit Judges.


EDGERTON, Circuit Judge.

This is a suit by the United States to quiet title to certain real estate in the District of Columbia. On March 6, 1931, the Commissioner of Internal Revenue assessed delinquent income taxes against Frank Shore, who then owned the property to which this suit relates. On March 7 the assessment list was received by the Collector of Internal Revenue. On March 9 the Collector filed with the clerk of the Supreme Court of the District of Columbia...

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