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POPP v. EBERLEIN

No. 16930.

409 F.2d 309 (1969)

Arthur G. POPP and Dorothe H. Popp, Plaintiffs-Appellants, v. Frederic C. EBERLEIN et al., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 5, 1969.

Attorney(s) appearing for the Case

Charles P. Reiter, Milwaukee, Wis., for appellants.

Marvin E. Klitsner, Milwaukee, Wis., Crombie J. D. Garrett, Kenneth L. Gross, U. S. Department of Justice, Washington, D. C., Richard M. Roberts, Acting Asst. Atty. Gen., Lee A. Jackson, Atty., Department of Justice, Washington, D. C., James B. Brennan, U. S. Atty., of counsel, for appellees.

Before CASTLE, Chief Judge, and SWYGERT and FAIRCHILD, Circuit Judges.

FAIRCHILD, Circuit Judge.

Mr. and Mrs. Popp brought this action against five individuals, a corporation, and the United States.1

The Popps sought judgment on their first count setting aside distraint tax sales of six parcels of their real estate conducted by the internal revenue service under 26 U.S.C. § 6335. All the parcels are in Shawano county. The sale of five parcels, one each...

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