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HUBNER v. TUCKER

No. 14704.

245 F.2d 35 (1957)

Evelyn HUBNER, Appellant, v. Lloyd M. TUCKER, Special Agent, Internal Revenue Service, Appellee.

United States Court of Appeals Ninth Circuit.

January 30, 1957.

Attorney(s) appearing for the Case

Sloane & Fisher, Robert W. Conyers, San Diego, Cal., for appellant.

Laughlin E. Waters, U. S. Atty., Edward R. McHale, Asst. U. S. Atty., Chief, Tax Division, Robert H. Wyshak, Asst. U. S. Atty., Los Angeles, Cal. (Harry D. Steward, Howard R. Harris, Asst. U. S. Atty., San Diego, Cal., of counsel), for appellee.

Before MATHEWS and FEE, Circuit Judges, and FOLEY, District Judge.

JAMES ALGER FEE, Circuit Judge.

The previous opinion in the instant case is withdrawn upon the petition for rehearing because of the filing of opinions in Local 174, International Brotherhood of Teamsters v. United States, 9 Cir., 240 F.2d 387, and Boren v. Tucker, 9 Cir., 239 F.2d 767. We agree with the results and reasoning of both of these opinions. The present opinion is substituted to clarify...

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