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McCLURE v. ROUNTREE

No. 15561.

330 F.2d 954 (1964)

Will McCLURE, and Ruby McClure, Plaintiffs-Appellants, v. J. M. ROUNTREE, District Director of Internal Revenue, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

April 28, 1964.

Attorney(s) appearing for the Case

Ben E. Caldwell, Chattanooga, Tenn., for appellants.

Robert J. Golten, Atty., Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Ralph A. Muoio, Attys., Dept. of Justice, Washington, D. C., on the brief; John H. Reddy, U. S. Atty., Ottis B. Meredith, Asst. U. S. Atty., Chattanooga, Tenn., of counsel), for appellee.

Before MILLER, O'SULLIVAN and PHILLIPS, Circuit Judges.

ORDER.

The taxpayers, Will McClure and Ruby McClure, his wife, seek by this action to enjoin the collection by the District Director of Internal Revenue of unpaid federal income taxes assessed for the years 1949, 1950 and 1951, on the ground that said assessments are null and void and that the collection thereof by the threatened sale of their home would leave the taxpayers and their six minor children destitute, with no way to obtain shelter elsewhere and without...

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