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UNITED STATES v. CREAMER INDUSTRIES, INC.

No. 21188.

349 F.2d 625 (1965)

UNITED STATES of America and Ellis Campbell, Jr., Appellants, v. CREAMER INDUSTRIES, INC., Appellee.

United States Court of Appeals Fifth Circuit.

July 2, 1965.

Attorney(s) appearing for the Case

Robert J. Golten, Dept. of Justice, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Joseph Kovner, Dept. of Justice, Washington, D. C., H. Barefoot Sanders, U. S. Atty., T. Gary Cole, Asst. U. S. Atty., of counsel, for appellants.

R. B. Cannon, Fort Worth, Tex., Weeks, Bird, Cannon & Appleman, Fort Worth, Tex., of counsel, for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.

RIVES, Circuit Judge.

This action was brought by a purchaser from the taxpayer. The deed had inadvertently failed to include certain real property located in Tarrant County, Texas. A correcting deed was executed and recorded after the tax lien was filed. The question is whether the federal tax lien attaches to the property erroneously omitted from the original deed.

On January 21, 1959, Creamer Industries, Inc., the ultimate purchaser, and Maxwell Steel Company...

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