SMITH v. UNITED STATES

No. 13309.

254 F.2d 865 (1958)

J. Robert D. SMITH and Betty Newland Smith, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

Rehearing Denied May 30, 1958.


Attorney(s) appearing for the Case

Robert P. Goldman, Cincinnati, Ohio, Robert P. Goldman, Harry Stickney, Leonard S. Meranus, Paxton & Seasongood, Cincinnati, Ohio, on brief, for appellants.

S. Dee Hanson, Washington, D. C., Charles K. Rice, Lee A. Jackson, A. F. Prescott, George F. Lynch, Washington, D. C., Sumner Canary, Cleveland, Ohio, Clarence M. Condon, Toledo, Ohio, on brief, for appellee.

Before SIMONS, Chief Judge, MILLER, Circuit Judge, and MATHES, District Judge.


MATHES, District Judge.

Appellants, husband and wife, appeal from a judgment of the District Court decreeing foreclosure of appellee's tax lien on real property situate in Erie County, Ohio, claimed by reason of assessments for appellant J. Robert D. Smith's 1942 and 1943 income taxes.

The land involved had been acquired by appellant Robert Smith, through inheritance upon the death of his mother, after the assessment lists had been received by the Collector...

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