HOOPER, Chief Judge.
Former opinion filed is vacated, upon motion to reconsider.
Plaintiff brought action against the District Director of Internal Revenue seeking injunction against proceedings by the latter to collect a certain assessment against the plaintiff. This Court does not construe the action as being one for declaratory judgment, but rather for injunctive relief.
The complaint in Paragraph Four alleges the "defendant on October 6, 1953 issued...
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