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BROWN v. LETHERT

No. 18183.

360 F.2d 560 (1966)

Sam G. BROWN, Appellant, v. George O. LETHERT, District Director of Internal Revenue, Appellee.

United States Court of Appeals Eighth Circuit.

May 18, 1966.

Attorney(s) appearing for the Case

Joe A. Walters, of O'Connor, Green, Thomas, Walters & Kelly, Minneapolis, Minn., made argument for appellant and filed brief with Robert J. Christianson, Jr., and Jean J. Chaput, Minneapolis, Minn.

Mark S. Rothman, Atty., Dept. of Justice, Washington, D. C., made argument for appellee and C. Moxley Featherston, Acting Asst. Atty. Gen., Lee A. Jackson, Fred R. Becker, and Deene R. Goodlaw, Attys., Dept. of Justice, Washington, D. C., together with Miles W. Lord, U. S. Atty., and Stanley H. Green, Asst. U. S. Atty., Minneapolis, Minn., filed brief.

Before MATTHES and GIBSON, Circuit Judges, and HUNTER, District Judge.

MATTHES, Circuit Judge.

Sam G. Brown, hereinafter referred to as appellant, instituted this action in the United States District Court to enjoin the collection of additional income taxes for the years 1952, 1953 and 1954. The district court (Honorable Edward J. Devitt), after a hearing, concluded that it lacked jurisdiction to grant the injunction, and dismissed the complaint for failure to state a claim upon which relief could be granted. Appellant has appealed from...

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