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BAUER v. FOLEY

No. 167, Docket 32556.

404 F.2d 1215 (1968)

Stephanie BAUER, Plaintiff-Appellant, v. John E. FOLEY, as District Director of Internal Revenue Service, Buffalo District, and the United States, Defendants.

United States Court of Appeals Second Circuit.

Decided December 18, 1968.

Attorney(s) appearing for the Case

L. Robert Leisner, Buffalo, N. Y., for plaintiff-appellant.

Issie L. Jenkins, Dept. of Justice (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Crombie J. D. Garrett, Dept. of Justice, Washington, D. C., Andrew F. Phelan, U. S. Atty., and C. Donald O'Connor, Asst. U. S. Atty., Western District of New York, on the brief), for defendants-appellees.

Before KAUFMAN and ANDERSON, Circuit Judges, and TENNEY, District Judge.

ANDERSON, Circuit Judge:

This is an action by Stephanie Bauer, the taxpayer, to enjoin the Government from seizing and selling her property, to have the tax assessment against her declared void, and to secure the release of federal tax liens. She appeals an order and decision which denied her motion for an injunction and granted the Government's motion to dismiss.1 We reverse and remand.

The Government charged the taxpayer with...

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