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UNITED STATES v. FAUCI

No. 5157.

242 F.2d 237 (1957)

UNITED STATES of America, Plaintiff, Appellant, v. Charles M. FAUCI et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

Decided March 20, 1957.

Attorney(s) appearing for the Case

David O. Walter, Atty., Dept. of Justice, Washington, D. C., with whom Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson and A. F. Prescott, Attys., Dept. of Justice, Washington, D. C., Anthony Julian, U. S., Atty., and John M. Harrington, Jr., Boston, Mass., were on the brief, for appellant.

Edward P. Kirby, Whitman, Mass., with whom Cortland A. Mathers, Brockton, Mass., was on the brief, for Frances E. Denehy, appellee.

Charles M. Fauci, appellee, submitted on the record appendix by leave of Court.

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

WOODBURY, Circuit Judge.

Since this appeal must be dismissed for lack of appellate jurisdiction it can be disposed of without more than a brief outline of a few pertinent facts as to which there can be no dispute. It will be enough for present purposes merely to say that the United States brought an action in the court below against numerous defendants to enforce an alleged tax lien under § 3670 of the Internal Revenue Code of 1939, 26 U.S.C. (1952) § 3670...

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