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BOWERS v. UNITED STATES

No. 28170 Summary Calendar.

423 F.2d 1207 (1970)

Frank A. BOWERS, Jr., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 8, 1970.

Attorney(s) appearing for the Case

H. A. Stephens, Jr., Charles R. Smith, Atlanta, Ga., for appellant.

John W. Stokes, U. S. Atty., Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Crombie J. D. Garrett, John S. Stephan, Attys., Tax Div., U. S. Dept. of Justice, Washington, D. C., for appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

Frank A. Bowers, Jr. brought this action in the United States District Court for the Northern District of Georgia seeking to enjoin the collection of wagering taxes assessed against him. The district court dismissed for want of jurisdiction, and Bowers appeals. We affirm.1

The assessment, in an aggregate amount of $164,172.72 was made pursuant to Section 4401(a) of the Internal

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