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FOILES v. UNITED STATES

No. 71-1515.

465 F.2d 163 (1972)

Harry H. FOILES, Plaintiff-Appellee, v. UNITED STATES of America, Defendant and Third-Party Plaintiff-Appellant, v. Alphonse T. INDRELUNAS, Third-Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 5, 1972.

Rehearing Denied August 22, 1972.

Attorney(s) appearing for the Case

James R. Thompson, Chicago, Ill., Johnnie M. Walters, Richard Halberstein, Attys., Tax Div., Dept. of Justice, Washington, D. C., Fred B. Ugast, Acting Asst. Atty. Gen., Meyer Rothwacks, Richard W. Perkins, Attys., Tax Div., Dept. of Justice, Washington, D. C., for defendant and third-party plaintiff-appellant.

Edward J. Calihan, Jr., Chicago, Ill., for plaintiff-appellee.

Before KILEY and STEVENS, Circuit Judges, and LARAMORE, Senior Judge.

LARAMORE, Senior Judge.

This is an appeal by the United States of America, originally the third-party plaintiff, from the jury verdict and judgment in the District Court for the Northern District of Illinois, in favor of Alphonse T. Indrelunas, originally the third-party defendant. The decision of the lower court, pursuant to the verdict of the jury, was that defendant, the president of A. T. I. Trucking Corporation, was not liable for the 100 percent penalty assessed...

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