PLITT v. HOFFERBERT

No. 6439.

125 F.Supp. 809 (1954)

Clarence M. PLITT v. George HOFFERBERT, Collector of Internal Revenue formerly in office.

United States District Court D. Maryland, Civil Division.

November 10, 1954.


Attorney(s) appearing for the Case

M. William Adelson, Eugene P. Smith and Sheldon H. Braiterman, Baltimore, Md., for plaintiff.

George Cochran Doub, U. S. Atty., James H. Langrall, Asst. U. S. Atty., Baltimore, Md., and Roger M. Stuart, Jr., Atty., Tax Division, Dept. of Justice, Washington, D. C., for defendant and intervenor.


THOMSEN, District Judge.

In this action for refund of income taxes allegedly overpaid, the Government seeks to intervene under Rule 24(a), Fed.Rules Civ.Proc., 28 U.S.C.A., which permits intervention as a matter of right "(2) when the representation of the applicant's interest by existing parties is or may be inadequate and the applicant is or may be bound by a judgment in the action".

On March 10, 1953, plaintiff taxpayer filed this action against George...

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