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ABNEY v. CAMPBELL

No. 14251.

206 F.2d 836 (1953)

ABNEY et al. v. CAMPBELL.

United States Court of Appeals Fifth Circuit.

August 18, 1953.

Attorney(s) appearing for the Case

R. Dean Moorhead and Looney, Clark & Moorhead, Austin, Tex., for appellants.

Carlton Fox, Sp. Asst. to Atty. Gen. Dept. of Justice, Ellis N. Slack, Sp. Asst. to Atty. Gen. Dept of Justice, and Charles S. Lyon, Acting Asst. Atty. Gen. Dept of Justice, Washington, D. C., Wm. Cantrell, Jr., Asst. U. S. Atty., Dallas, Tex., Harry Marselli, Sp. Asst. to Atty. Gen., Washington, D. C., Frank B. Potter, U. S. Atty., Dallas Tex., for appellee.

Before HUTCHESON, Chief Judge, and RUSSELL and STRUM, Circuit Judges.

HUTCHESON, Chief Judge.

Brought against the collector by appellants, the suit was for the recovery of sums alleged to have been erroneously and illegally seized from them under the purported authority of the 1950 Amendment to the Federal Insurance Contributions Act.1

The matter comes up in this way. Appellee having seized from taxpayers the sums claimed to be due from them under the act for the first,2

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