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HAND v. UNITED STATES

No. 30984 Summary Calendar.

441 F.2d 529 (1971)

James J. HAND, Jr., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 9, 1971.

Attorney(s) appearing for the Case

Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Joseph M. Howard, Joseph H. Reiter, Attys., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant; Gerald J. Galling-house, U. S. Atty., of counsel.

Guy Johnson, New Orleans, La., for plaintiff-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

PER CURIAM:

The United States appeals from an order of the district court granting the motion of James J. Hand, Jr., for a new trial under Rule 60(b) (6), F.R.Civ.P.1 We affirm.

On September 12, 1961, Government agents raided Hand's place of business, a restaurant and bar in New Orleans known as the Austin Inn. On the basis of the gambling records seized in the raid, the Commissioner of Internal Revenue assessed Hand $450,311.69...

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