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KELLY v. LETHERT

No. 18182.

362 F.2d 629 (1966)

Terrance M. KELLY, Appellant, v. George O. LETHERT, as District Director of Internal Revenue, District of Minnesota, Appellee.

United States Court of Appeals Eighth Circuit.

June 30, 1966.

Attorney(s) appearing for the Case

Joe A. Walters, of O'Connor, Green, Thomas, Walters & Kelly, Minneapolis, Minn., for appellant; Robert J. Christianson, Jr., and Jean J. Chaput, of O'Connor, Green, Thomas, Walters & Kelly, Minneapolis, Minn., on the brief.

Mark S. Rothman, Atty., Tax Div., Dept. of Justice, Washington, D. C., for appellee; C. Moxley Featherston, Acting Asst. Atty. Gen., Lee A. Jackson, Joseph Kovner, Attys., Tax Div., Dept. of Justice, Washington, D. C., and Miles W. Lord, U. S. Atty., Minneapolis, Minn., on the brief.

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

GIBSON, Circuit Judge.

This appeal is from an order by the United States District Court for the District of Minnesota, dismissing appellant Terrance M. Kelly's complaint, which sought to enjoin the District Director of Internal Revenue from collecting assessed but unpaid taxes under Section 6672 of the Internal Revenue Code of 1954, arising out of the non-payment of withholding taxes and Federal Insurance Contributions Act...

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