TOMLINSON v. FLORIDA IRON AND METAL, INC.

No. 18850.

291 F.2d 333 (1961)

Laurie W. TOMLINSON, District Director of Internal Revenue for the District of Florida, Appellant, v. FLORIDA IRON AND METAL, INC., Appellee.

United States Court of Appeals Fifth Circuit.

June 14, 1961.


Attorney(s) appearing for the Case

Myron C. Baum, Atty., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson and David O. Walters, Attys., Dept. of Justice, Washington, D. C., Don M. Stichter, Asst. U. S. Atty., Tampa, Fla., E. Coleman Madsen, U. S. Atty., Miami, Fla., for appellant.

Roger L. Davis, Fort Lauderdale, Fla., Robert W. Patton, Leonard M. Anton, Tampa, Fla., for appellee.

Before TUTTLE, Chief Judge, RIVES, Circuit Judge, and DE VANE, District Judge.


TUTTLE, Chief Judge.

This is an appeal from an order denying a motion by appellant District Director of Internal Revenue to disqualify one Roger L. Davis, an attorney of record for appellee, under the provisions of 5 U.S.C.A. § 99.1

The facts are not in dispute. The suit between Florida Iron and Metal, Inc. and the appellant is a suit for the recovery of taxes alleged to have been illegally collected by him as Director of...

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