UNITED STATES v. STONE

No. 17058.

257 F.2d 685 (1958)

UNITED STATES of America, Appellant, v. J. E. STONE et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 30, 1958.


Attorney(s) appearing for the Case

Kenneth E. Levin, Melva M. Graney, Fred E. Youngman, Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Dept. of Justice, William M. Steger, U. S. Atty., John L. Burke, Jr., Asst. U. S. Atty., Tyler, Tex., for appellant.

Marion G. Holt, Edmund F. Benchoff, Nacagdoches, Tex., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and CAMERON, Circuit Judges.


HUTCHESON, Chief Judge.

Based on its holding that the statute of limitations had run against collection of 1947 income taxes against Mary Stone, deceased, the district judge entered judgment that plaintiff take nothing on its claim for these taxes and that its prayer for foreclosure of its lien for the amount of said taxes be denied.

Appealing from that judgment, the United States is here urging one point, that the district court erred, under the facts and...

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