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CHESTER v. ROSS

Civ. A. No. 8797.

231 F.Supp. 23 (1964)

Marie CHESTER (Mrs. B. M.), Joe Melvin Chester, Sue Marie Chester, R. P. Moore, Betty Moore, and B. M. Chester, Plaintiffs, v. A. C. ROSS, Director of Internal Revenue of the District of Georgia, and United States of America, Defendants.

United States District Court N. D. Georgia, Atlanta Division.

April 16, 1964.

Attorney(s) appearing for the Case

Wesley R. Asinof, Charles R. Smith, Atlanta, Ga., James M. Roberts, Atlanta, Ga., for plaintiffs.

Slaton Clemmons, Asst. U. S. Atty., Atlanta, Ga., for defendants.

MORGAN, District Judge.

Defendant has made a motion to dismiss and in the alternative to strike certain allegations of the complaint in an action brought by plaintiffs to enjoin enforcement of gambling tax assessments. The action instituted by plaintiffs also seeks return of property allegedly seized by agents of the Internal Revenue Service by unlawful search and seizure, and the suppression for use as evidence of all property obtained pursuant to such seizure. The...

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