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MAULE INDUSTRIES v. TOMLINSON

No. 16408.

244 F.2d 897 (1957)

MAULE INDUSTRIES, Inc., Capitol Indemnity Insurance Company and Jefferson Construction Company, Appellants, v. Laurie W. TOMLINSON, as District Director of Internal Revenue for the District of Florida, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 25, 1957.

Attorney(s) appearing for the Case

Ernest J. London, Miami, Fla., Henry L. Balaban, Miami, Fla., of counsel, for appellants.

George F. Lynch, Atty., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, Washington, D. C., E. David Rosen, Asst. U. S. Atty., Miami, Fla., James L. Guilmartin, U. S. Atty., Miami, Fla., on the brief, for appellee.

Before TUTTLE, JONES and BROWN, Circuit Judges.

Opinion as Modified on Denial of Petition for Rehearing.

JONES, Circuit Judge.

The appellee, District Director of Internal Revenue for the District of Florida, levied upon construction materials as the property of Pierce Contractors, Inc., which was indebted to the United States for unpaid taxes. The appellants, three corporations, procured the release of the seized property by the deposit with a bank as escrow agent...

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