HUTCHESON, Circuit Judge.
This is an appeal from a summary judgment enjoining an assessment made by the district director without the required ninety day notice. Maxwell v. Campbell, 5 Cir.,
The director contended below and contends here that Sec. 6201(a) (3) I.R.C. 1954, 26 U.S.C.A. § 6201(a) (3),
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