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TURNER v. UNITED STATES

No. 23922.

423 F.2d 448 (1970)

Kyle I. TURNER, Plaintiff-Appellee, v. UNITED STATES of America, Defendant and Third-Party Plaintiff-Appellant, v. MATANUSKA VALLEY BANK and Richard M. Jones, Third-Party Defendants.

United States Court of Appeals, Ninth Circuit.

March 10, 1970.

Attorney(s) appearing for the Case

Gilbert E. Andrews (argued), Asst. U. S. Atty., Douglas B. Bailey, U. S. Atty., Anchorage, Alaska, Lee A. Jackson, Atty., Johnnie M. Walters, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for the appellant.

Robert Flint, Anchorage, Alaska, argued Allen McGrath, McGrath & Wolhforth, Anchorage, Alaska, for Turner.

L. S. Kurtz, Jr., Anchorage, Alaska, argued Burr, Boney, & Pease, Anchorage, Alaska, for Valley Bank.

Before BARNES, ELY, and HUFSTEDLER, Circuit Judges.

HUFSTEDLER, Circuit Judge:

The Government appeals from a summary judgment in favor of Turner, a taxpayer, against whom the Internal Revenue Service had assessed the penalty imposed by 26 U.S.C. § 66721 for failure to pay withholding taxes. We reverse because we have concluded that the record presents triable issues of fact.

Mrak Coal Company, Inc. ("Company"), obtained a $450,000...

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