KIMMEL v. TOMLINSON

No. 7443-M-Civ.

151 F.Supp. 901 (1957)

Herman KIMMEL and Murray Walker, Plaintiffs, v. Laurie W. TOMLINSON, District Director of Internal Revenue, and Ralph Maxwell, Collection Officer, Internal Revenue Service, District of Florida, Defendants.

United States District Court S. D. Florida, Miami Division.

April 24, 1957.


Attorney(s) appearing for the Case

Arthur Cunningham, Cunningham & Weinstein, Miami, Fla., for plaintiffs.

E. David Rosen, Asst. U. S. Atty., Miami, Fla., for defendants.


CHOATE, District Judge.

This cause having come on to be heard on March 8, 22, and 28, 1957, upon the relief prayed for by the Plaintiffs in Paragraph Numbered 3, page 6, of the Complaint filed March 5, 1957, that this Court:

"enter its temporary injunction or restraining order, restraining or preventing the defendants or any other representatives of the Internal Revenue Service from seizing or levying upon the assets of the plaintiffs, prior to final determination...

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