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COMMERCIAL STANDARD INSURANCE COMPANY v. CAMPBELL

No. 16723.

254 F.2d 432 (1958)

COMMERCIAL STANDARD INSURANCE COMPANY, Appellant, v. Ellis CAMPBELL, Jr., District Director of Internal Revenue; S. W. Taylor, Collection Officer, Internal Revenue Service; First National Bank, Arlington, Texas; and United States of America, Appellees. UNITED STATES of America, Appellant, v. FIRST NATIONAL BANK, ARLINGTON, TEXAS, Appellee.

United States Court of Appeals Fifth Circuit.

April 28, 1958.

Attorney(s) appearing for the Case

Ralph W. Malone, and Malone, Lipscomb & Seay, Dallas, Tex., for appellant.

Charles K. Rice, Asst. Atty. Gen., Ellis N. Slack, George F. Lynch, Lee A. Jackson, A. F. Prescott, Attorneys, Department of Justice, Washington, D. C., Heard L. Floore, U. S. Atty., A. W. Christian, Asst. U. S. Atty., Carlisle Cravens, Fort Worth, Tex., for appellees.

Before RIVES, BROWN and WISDOM, Circuit Judges.

PER CURIAM.

Disposition of this appeal has been held in abeyance awaiting the decision of the Supreme Court in United States v. R. F. Ball Construction Co., 355 U.S. 587, 78 S.Ct. 442, 2 L.Ed.2d 510. The judgment of the District Court, whose opinion in the present case is reported in 146 F.Supp. 919, is in accord with that decision, except as to the award by the District Court out of the funds of...

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