UNITED STATES v. HILL

No. 22605.

368 F.2d 617 (1966)

UNITED STATES of America, Appellant, v. T. E. HILL, Jr. and Larry Moore et al., Appellees. T. E. HILL, Jr. and Larry Moore, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 22, 1966.


Attorney(s) appearing for the Case

Paul W. Eggers, Wichita Falls, Tex., Eggers, Sherrill & Pace, Wichita Falls, Tex., of counsel, for appellants T. E. Hill, Jr., and Larry Moore.

Melvin M. Diggs, U. S. Atty., Dallas, Tex., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, John B. Jones, Jr., Acting Asst. Atty. Gen., I. Henry Kutz, Robert H. Solomon, Attys., Dept. of Justice, Washington, D. C., C. Moxley Featherston, Richard M. Roberts, Acting Asst. Attys. Gen., Meyer Rothwacks, Atty., Dept. of Justice, Martha Joe Stroud, Asst. U. S. Atty., of counsel, for the United States.

Lee Sellers, Prothro & Sellers, Wichita Falls, Tex., for appellees, City Nat. Bank in Wichita Falls and Jack Jeffus.

L. E. Elliott, Brundidge, Fountain, Elliott & Churchill, Dallas, Tex., for appellee, Trinity Universal Ins. Co. and Henry Yates.

Harold D. Rogers, Wichita Falls, Tex., Leonard Passmore, Austin, Tex., for amicus curiae Texas Bankers Ass'n.

Before JONES, COLEMAN and AINSWORTH, Circuit Judges.


COLEMAN, Circuit Judge.

By judgment on a jury verdict, T. E. Hill, Jr. and Larry Moore, of Wichita Falls, Texas, officers and stockholders of Hill and Moore, Inc., were held individually liable for penalties prescribed by Section 6672 of the Internal Revenue Code of 1954.1 There were jury verdicts against the bank, bonding company, and certain of their officers, with which the defaulting corporation did business. The District Court entered...

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