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UNITED STATES v. HOME LIFE INSURANCE COMPANY

No. 12, Docket 29390.

355 F.2d 86 (1966)

UNITED STATES of America, Plaintiff-Appellant, v. HOME LIFE INSURANCE COMPANY, Defendant-Appellee, and Lowell M. Birrell, Merrie V. Birrell, Petter Birrell, Charlotte Birrell and Max Edelman, as Guardian ad Litem of Lowell Birrell, Jr., Defendants.

United States Court of Appeals Second Circuit.

Decided January 21, 1966.

Attorney(s) appearing for the Case

Arthur M. Handler, Laurence Vogel, Asst. U. S. Attys., Robert M. Morgenthau, U. S. Atty. for Southern District of New York, for plaintiff-appellant.

Richard R. Lutz, Townley, Updike, Carter & Rodgers, New York City, for defendant-appellee.

Before MOORE, SMITH and ANDERSON, Circuit Judges.

SMITH, Circuit Judge.

This is an appeal by the United States from a summary judgment in its favor, claimed to be inadequate in amount, in the United States District Court for the Southern District of New York, Charles H. Tenney, Judge, 233 F.Supp. 921 (S.D. N.Y.1964), in an action under 26 U.S.C. § 7403, to foreclose tax liens against three insurance policies issued by defendant-appellee Home Life Insurance Company on the...

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