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UNITED STATES v. RUSSELL

No. 5169.

241 F.2d 879 (1957)

UNITED STATES of America, Plaintiff, Appellant, v. Genevieve RUSSELL et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

February 27, 1957.

Attorney(s) appearing for the Case

George F. Lynch, Attorney, Department of Justice, Washington, D. C., with whom Charles K. Rice, Asst. Atty. Gen., and Lee A. Jackson and A. F. Prescott, Attorneys, Department of Justice, Washington, D. C., Joseph Mainelli, U. S. Atty., and Samuel S. Tanzi, Asst. U. S. Atty., Providence, R. I., were on brief, for appellant.

Christopher J. Brennan, Providence, R. I., with whom William S. Flynn, Providence, R. I., was on brief, for appellees.

Before WOODBURY and HARTIGAN, Circuit Judges, and FORD, District Judge.

FORD, District Judge.

On January 8, 1954, the United States brought an action against the defendants-appellees to collect taxes assessed against them under the provisions of Sec. 311 of the Internal Revenue Code of 1939, 26 U.S.C.A. § 311 as transferees of real estate in Pawtucket, Rhode Island, owned by Annie and John Nasif against whom the taxes and penalties were originally assessed.

The facts as alleged in the complaint and found by the District Court...

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