UNITED STATES v. SCHUERMANN

No. 8441(2).

106 F.Supp. 86 (1952)

UNITED STATES v. SCHUERMANN et al.

United States District Court E. D. Missouri, E. D.

July 1, 1952.


Attorney(s) appearing for the Case

George L. Robertson, U. S. Atty., St. Louis, Mo., Harold Bacon, Sp. Asst. to the Atty. Gen., and Allan McD. Goodloe, Asst. U. S. Atty., St. Louis, Mo., for plaintiff.

Harry N. Soffer and Joseph Nessenfeld, St. Louis, Mo., for defendant Oscar Lehr.

Dubinsky & Duggan and Jerome F. Duggan, St. Louis, Mo., for defendant St. Louis Finance Co.


HULEN, District Judge.

The question for ruling is — can plaintiff by this action secure control for sale purposes of capital stock in, and payment to it of promissory notes executed by defendant finance company, originally issued and delivered to taxpayer, defendant Schuermann, to satisfy a tax lien against Schuermann, without proof that the taxpayer is still in control and the owner of the instruments. Defendant taxpayer is in default; the other two defendants...

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