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BRADEN v. UNITED STATES

No. 20821.

442 F.2d 342 (1971)

Robert J. BRADEN, Plaintiff, v. UNITED STATES of America, Defendant-Appellee, v. John F. BONISTALL, Third-Party Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

May 21, 1971.

Attorney(s) appearing for the Case

John F. Bonistall, in pro. per.

William M. Brown, Tax Division, Dept. of Justice, Washington, D. C., for defendant-appellee; Johnnie M. Walters, Asst. Atty. Gen., Joseph M. Howard, Bennet M. Hollander, Attys., Tax Division, Dept. of Justice, Washington, D. C., on brief; William W. Milligan, U. S. Atty., Columbus, Ohio, of counsel.

Before CELEBREZZE and KENT, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

PER CURIAM.

This action was instituted by Robert J. Braden, the sole owner of a corporation, against the United States to recover amounts paid on a penalty assessed against him for failure to pay over to the United States federal income and social security taxes withheld from the wages of the corporation's employees, in violation of Section 6672 of the Internal Revenue Code of 1954, 26 U.S.C. § 6672 (1964). The Government interpleaded the Appellant, an officer...

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