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UNITED STATES v. HEASLEY

Nos. 16470, 16542 and 16543.

283 F.2d 422 (1960)

UNITED STATES of America, Appellant, v. Fay HEASLEY et al., Appellees. Fay HEASLEY and Selma Heasley, Appellants, v. UNITED STATES of America and Henry W. Anderberg, Receiver, Appellees. Fay HEASLEY and Selma Heasley et al., Appellants, v. UNITED STATES of America and Henry W. Anderberg, Receiver, Appellees.

United States Court of Appeals Eighth Circuit.

October 24, 1960.

Attorney(s) appearing for the Case

Helen Buckley, Atty., Tax Division, Dept. of Justice, Washington, D. C., for the United States. Howard A. Heffron, Acting Asst. Atty. Gen., Lee A. Jackson and A. F. Prescott, Attys., Dept. of Justice, Washington, D. C., on the brief.

J. F. X. Conmy, Bismarck, N. D., for the Heasleys.

Philip B. Vogel, Fargo, N. D., for appellees Stutsman Implement Co., Inc., and Midwest Motors.

Herman Weiss, Jamestown, N. D., for Henry W. Anderberg, receiver.

Before SANBORN, WOODROUGH and MATTHES, Circuit Judges.

MATTHES, Circuit Judge.

These appeals, separately taken, were consolidated for oral argument, and while they involve different orders of the district court, they grow out of the same litigation and can be disposed of in one opinion.

In No. 16,470, the Government appeals from that portion of the order of the district court entered on April 8, 1960, finding that inasmuch as the monies on deposit with the clerk of that...

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