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TOMLINSON v. POLLER

No. 14967.

220 F.2d 308 (1955)

Laurie W. TOMLINSON, Director of Internal Revenue for the State of Florida, Appellant, v. Sidney POLLER and James G. Pace, Appellees.

United States Court of Appeals, Fifth Circuit.

March 25, 1955.

Attorney(s) appearing for the Case

Louise Foster, Sp. Asst. to Atty. Gen., James L. Guilmartin, U. S. Atty., Miami, Fla., H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott, Frederic G. Rita, Sp. Assts. to Atty. Gen., E. David Rosen, Asst. U. S. Atty., Miami, Fla., for appellant.

A. F. Barone, Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.

TUTTLE, Circuit Judge.

The question here presented is whether the District Court for the Southern District of Florida erred in entering an order requiring the Director of Internal Revenue for the State of Florida to accept a bond in lieu of a recorded lien against appellees, which bond was conditioned entirely differently from the bond prescribed by statute and normally used by the Commissioner of Internal Revenue, in his discretion, and directing that the tax lien...

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