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BINNS v. UNITED STATES

No. 17308.

385 F.2d 159 (1967)

Josephine R. BINNS, Individually, and Josephine R. Binns, Executrix of the Estate of Douglas W. Binns, and Josephine R. Binns, Trustee, etc., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

October 25, 1967.

Attorney(s) appearing for the Case

Fyke Farmer, Nashville, Tenn., for appellants.

Stuart A. Smith, Dept. of Justice, Washington, D. C., for appellee, Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Harold C. Wilkenfeld, Dept. of Justice, Washington, D. C., on brief, Gilbert Merritt, Jr., U. S. Atty., Kent Sandidge, III, Asst. U. S. Atty., Nashville, Tenn., of counsel.

Before WEICK, Chief Judge, and EDWARDS and CELEBREZZE, Circuit Judges.

ORDER

This is an appeal from the judgment entered in favor of the United States, Defendant-Appellee, in a suit brought in the United States District Court for the Middle District of Tennessee by Taxpayer-Appellant to recover income taxes claimed to have been illegally assessed and collected.

The controversy arose out of a sales agreement entered into by Taxpayer, who agreed to sell 26,000 shares of stock of the Phillips and Buttorff Company at $43. per share...

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