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PHINNEY v. CHAMBERS

No. 24729.

392 F.2d 680 (1968)

Robert L. PHINNEY, District Director of Internal Revenue, Appellant, v. Ruth Kiehl CHAMBERS et al., Appellees.

United States Court of Appeals Fifth Circuit.

Certiorari Denied May 27, 1968.

Attorney(s) appearing for the Case

Ernest Morgan, U. S. Atty., Andrew L. Jefferson, Jr., Asst. U. S. Atty., San Antonio, Tex., Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Harris Weinstein, David O. Walter, Howard J. Feldman, Robert S. Rifkind, David O. Walter, Attys., Dept. of Justice, Washington, D. C., for appellant; Ted Butler, Asst. U. S. Atty., of counsel.

Charles N. Avery, Jr., Austin, Tex., Charles W. Hall, Phillip L. Mann, Laurance C. Mosher, Jr., Houston, Tex., for appellees; Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., McKay & Avery, Austin, Tex., of counsel.

Before TUTTLE and GEWIN, Circuit Judges, and HUNTER, District Judge.

Certiorari Denied May 27, 1968. See 88 S.Ct. 1848.

TUTTLE, Circuit Judge:

This appeal from a summary judgment awarding to the individual appellee, Mrs. Chambers, and to the corporate appellee, Bank of the Southwest National Association, Houston, purporting to act as trustee for Mrs. Chambers, separate judgments for recovery of amounts paid by each of them separately on account of income attributed by the government to Mrs. Chambers, presents the question whether...

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