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A. A. ALLEN REVIVALS, INC. v. CAMPBELL

No. 22036.

353 F.2d 89 (1965)

A. A. ALLEN REVIVALS, INC., Appellant, v. Ellis CAMPBELL, Jr., District Director of Internal Revenue, Appellee.

United States Court of Appeals Fifth Circuit.

November 26, 1965.

Attorney(s) appearing for the Case

Robert Edwin Davis, Wentworth T. Durant, and Ronald M. Mankoff, Dallas, Tex., for appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., Barefoot Sanders, U. S. Atty., Dallas, Tex., Meyer Rothwacks, George F. Lynch, Mark S. Rothman, Attys. Dept. of Justice, Washington, D. C., Melvin M. Diggs, U. S. Atty., Martha Joe Stroud, Asst. U. S. Atty., of counsel, for appellee.

Before JONES, Senior Judge, and GEWIN and BELL, Circuit Judges.

PER CURIAM.

The appellant, A. A. Allen Revivals, Inc., complains of the order of the United States District Court for the Northern District of Texas dismissing its complaint to recover certain funds paid as Federal Insurance Contributions Act taxes for the fourth quarter of 1959. In the order of dismissal, the District Court found that the Government had tendered to the appellant the full amount of the taxes sought to be recovered, plus interest, and that it continues...

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