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ENOCHS v. SISSON

No. 18979.

301 F.2d 125 (1962)

J. L. ENOCHS, District Director of Internal Revenue, Appellant, v. T. U. SISSON, Appellee.

United States Court of Appeals Fifth Circuit.

April 4, 1962.

Attorney(s) appearing for the Case

Robert E. Hauberg, U. S. Atty., E. R. Holems, Jr., Asst. U. S. Atty., Jackson, Miss., Thomas A. Frazier, Atty., Dept. of Justice, Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Carolyn R. Just, Daniel K. Mayers, Attys., Dept. of Justice, Washington, D. C., for appellant.

G. E. Estes, Jr., Gulfport, Miss., for appellee.

Before RIVES, CAMERON and BELL, Circuit Judges.

PER CURIAM.

The question presented by this appeal is whether a summary judgment granted before the expiration of ten days after the time fixed for hearing is a valid judgment. Appellee Sisson filed this action for a refund of taxes for the calendar years 1953 and 1954 under the Federal Insurance Contribution Act. After the appellant Enochs, District Director of Internal Revenue, had filed his answer, appellee moved for summary judgment with supporting affidavit. The...

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