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CASH v. CAMPBELL

No. 21231.

346 F.2d 670 (1965)

James R. CASH, Appellant, v. Ellis CAMPBELL, Jr., District Director of Internal Revenue, et al., Appellee.

United States Court of Appeals Fifth Circuit.

May 20, 1965.

Attorney(s) appearing for the Case

Ronald M. Mankoff, Durant, Mankoff & Davis, Dallas, Tex., for appellant, Mary Neal Sisk, Dallas, Tex., on the brief.

Carolyn R. Just, Atty., Dept. of Justice, Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Attys., Dept. of Justice, Washington, D. C., H. Barefoot Sanders, U. S. Atty., Dallas, Tex., for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.

RIVES, Circuit Judge.

The appellant's brief asserts:

"The sole question presented for review is whether on the evidence as presented the trial court could have properly held that appellant knowing at all times during the period involved of his obligation to collect, truthfully account for and pay over the withholding and social security taxes, and having failed to pay over such taxes and having preferred subsequent creditors over the United States, such failure...

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