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THROWER v. MILLER

No. 24245.

440 F.2d 1186 (1971)

Randolph THROWER, Acting Commissioner of Internal Revenue Service, Lewis J. Conrad, District Director of Internal Revenue Service for the District of Alaska, Fred A. Kings and Peter Gatz, Appellants, v. Bertis W. MILLER, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 22, 1971.

Attorney(s) appearing for the Case

Issie L. Jenkins (argued), Dept. of Justice, Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson and Crombie J. D. Garrett, Attys., Dept of Justice, Washington, D. C., for appellants.

John S. Hedland (argued), Anchorage, Alaska, for appellee.

Before DUNIWAY, WRIGHT and KILKENNY, Circuit Judges.

PER CURIAM:

This is an appeal from a preliminary injunction enjoining appellants from, among other things, attempting to collect from appellee, or his employer, certain internal revenue assessments made by appellants on September 12, 1962.

FACTUAL SETTING

In February, 1969, appellee filed a complaint in the district court asking that appellants be enjoined from further collecting, or attempting to collect from him, or his employer, the withholding...

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