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BERGFELD v. CAMPBELL

No. 18686.

290 F.2d 475 (1961)

R. P. BERGFELD, Appellant, v. Ellis CAMPBELL, Jr., District Director of Internal Revenue, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 9, 1961.

Attorney(s) appearing for the Case

Wentworth T. Durant, Ronald M. Mankoff, and Durant, Hobby & Mankoff, Dallas, Tex., for appellant.

William A. Friedlander, Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., William B. West, III, U.S. Atty., Fort Worth, Tex., W. E. Smith, Asst. U. S. Atty., Dallas, Tex., Charles K. Rice, Asst. Atty. Gen., Louis F. Oberdorfer, Asst. Atty. Gen., A. F. Prescott, Atty., Dept. of Justice, Washington D., C., for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON and BROWN, Circuit Judges.

TUTTLE, Chief Judge.

This is an appeal from the denial by the trial court of an injunction against the assessment and collection of income taxes assertedly owed by the appellant.

This does not present the usual question as to the propriety of enjoining the collection of income taxes, cf. Campbell v. Guetersloh, 5 Cir., 287 F.2d 878, and McDonald v. Phinney, 5 Cir., 285 F.2d 121. This is so...

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