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UNITED STATES v. ARLINGTON COUNTY, COMMONWEALTH OF VIRGINIA

No. 9126.

326 F.2d 929 (1964)

UNITED STATES of America and Captain Harold S. Bottomley, Jr., U. S. N., Appellants, v. ARLINGTON COUNTY, COMMONWEALTH OF VIRGINIA, and George D. Fisher, Arlington County Commissioner of Revenue, Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 10, 1964.

Attorney(s) appearing for the Case

William Massar, Atty., Dept. of Justice, (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and I. Henry Kutz, Atty., Dept. of Justice, Claude V. Spratley, Jr., U. S. Atty., and MacDougal Rice, Asst. U. S. Atty., on the brief) for appellants.

Peter J. Kostik, Asst. Commonwealth's Atty., for Arlington County, Virginia (William J. Hassan, Commonwealth's Atty., for Arlington County, Virginia, on the brief), for appellees.

Before BRYAN and J. SPENCER BELL, Circuit Judges, and CRAVEN, District Judge.

J. SPENCER BELL, Circuit Judge:

The United States Government and one Harold S. Bottomley, Jr., an officer in the U. S. Navy, brought this action against Arlington County, Virginia, and George D. Fisher, Commissioner of Revenue for the County, seeking a judgment declaring a personal property tax assessed against Bottomley for the year 1960 to be in contravention of Section 514 of the Soldiers' and Sailors' Civil Relief Act of 19401 and...

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