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SMITH v. FLINN

No. 16065.

264 F.2d 523 (1959)

Noel SMITH, Appellant, v. Ernest M. FLINN, Director of Internal Revenue, Appellee.

United States Court of Appeals Eighth Circuit.

March 25, 1959.

Attorney(s) appearing for the Case

Harry Richards, U. S. Atty. and John A. Newton, Asst. U. S. Atty., St. Louis, Mo., filed Petition of Appellee for Rehearing.

Before JOHNSEN, VOGEL and MATTHES, Circuit Judges.

PER CURIAM.

Our opinion, 261 F.2d 781, directed the issuance of an injunction against the Director of Internal Revenue and his staff, forbidding them to sell any more of appellant's property contrary to the provisions of 26 U.S.C.A. § 6863(b) (3), under a levy made upon such property after a deficiency determination and jeopardy assessment against appellant.

The facts and statements which were before us on the record...

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