UNITED STATES v. LUTZ

No. 18495.

295 F.2d 736 (1961)

UNITED STATES of America, Appellant, v. Leo LUTZ, Appellee.

United States Court of Appeals Fifth Circuit.

November 3, 1961.


Attorney(s) appearing for the Case

Earle B. May, Jr., Asst. U. S. Atty., Macon, Ga., Ronald A. Jacks, Morton Hollander, Attys., Dept. of Justice, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., Frank O. Evans, U. S. Atty., Macon, Ga., William H. Orrick, Jr., Asst. Atty. Gen., for appellant.

Frank S. Twitty, Frank S. Twitty, Jr., Camilla, Ga., for appellee.

Before TUTTLE, Chief Judge, JONES, and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

The United States, plaintiff-appellant, seeks recovery from Leo Lutz, defendant, for debts owed by two corporations the defendant owned and managed. Lutz was the president, a director and, except for qualifying shares held by other directors, the sole shareholder of both corporations.

In October 1952 the Army contracted to purchase $35,897 worth of canned tomatoes from two Indiana food processing corporations, Lutz Canning Co. ($27,168...

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