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OWENS v. DRYWALL AND ACOUSTICAL SUPPLY CORP.

Civ. A. No. 69-H-165.

325 F.Supp. 397 (1971)

Frank OWENS et al., v. DRYWALL AND ACOUSTICAL SUPPLY CORP., et al. and the Greenway Bank & Trust, et al.

United States District Court, S. D. Texas, Houston Division.

March 25, 1971.

Attorney(s) appearing for the Case

Robert W. Hagen, Houston, Tex., for the plaintiffs.

Frank C. Herzog, Houston, Tex., for Drywall and Acoustical Supply Corp. and Wallace Mayad.

John H. Eikenburg, Houston, Tex., for R. A. Davio.

William G. Wilson, Hutcheson, Taliaferro & Grundy, Houston, Tex., for Greenway Bank & Trust.

Anthony J. P. Farris, U. S. Atty., and George R. Pain, Asst. U. S. Atty., for the United States.

MEMORANDUM AND ORDER

BUE, District Judge.

This action raises the issue under 26 U.S.C. § 74261 as to whether a portion of that amount of money due and owing Drywall, the employer corporation, under certain construction contracts, which amount was set aside for contribution to the Employees' Vacation Fund, is the property of Drywall to which a tax lien could attach and upon which...

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