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U. S. MUTUAL BENEFIT ASSOCIATION v. WELCH

Nos. 13599, 13600.

268 F.2d 201 (1959)

U. S. MUTUAL BENEFIT ASSOCIATION, Appellant, v. Russell A. WELCH, Director of Internal Revenue, Appellee. U. S. INSURANCE AGENCY COMPANY, Appellant, v. Russell A. WELCH, Director of Internal Revenue, Appellee.

United States Court of Appeals Sixth Circuit.

June 22, 1959.

Attorney(s) appearing for the Case

Andrew W. Kops, Cincinnati, Ohio, and J. Warren Dells, Cincinnati, Ohio, on the brief, for appellants.

Helen A. Buckley, Washington, D. C., and Andrew F. Oehmann, Acting Asst. Atty. Gen., Lee A. Jackson and A. F. Prescott, Dept. of Justice, Washington, D. C., Hugh K. Martin and Richard H. Pennington, Cincinnati, Ohio, on the brief, for appellee.

Before ALLEN, Circuit Judge, and BOYD and MATHES, District Judges.

BOYD, District Judge.

These cases were dismissed by mere entry of orders to that effect by the District Court on defendant's motions from which rulings these appeals were taken.

The single question presented relates to the jurisdiction of the Court to restrain collection of taxes assessed against the appellants under the Federal Insurance Contributions Act (Chap. 9, I.R.C. 1939), 26 U.S.C.A. § 1400 et seq. The dismissal by the District Court rested upon...

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