SWAM v. UNITED STATES

No. 14280.

327 F.2d 431 (1964)

Erwin M. SWAM, Plaintiff-Appellant, v. UNITED STATES of America, William Barry, Robert A. Hanselman and Jay G. Philpott, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 26, 1964.


Attorney(s) appearing for the Case

Paul H. Ferguson, Robert B. Borchers, Ferguson & Ferguson, Decatur, Ill., for plaintiff-appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Morton K. Rothschild, Atty. U. S. Dept. of Justice, Washington, D. C., Edward R. Phelps, U. S. Atty., Springfield, Ill., Lee A. Jackson, Robert N. Anderson, Attys. Dept. of Justice, Washington, D. C., for appellees.

Before DUFFY, SCHNACKENBERG, and SWYGERT, Circuit Judges.


SWYGERT, Circuit Judge.

Erwin M. Swam, plaintiff, brought this action for damages against the United States and three individuals, Jay G. Philpott, Robert A. Hanselman, and William Barry. Philpott was the district director of Internal Revenue at Springfield, Illinois; Hanselman and Barry were his deputies. The action involved the sale of plaintiff's property for the payment of delinquent federal taxes.

In his complaint plaintiff alleged that he operated an...

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