UNITED STATES v. PERRY

No. 72-2143.

473 F.2d 643 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Henry E. PERRY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 8, 1973.


Attorney(s) appearing for the Case

Wayman G. Sherrer, U. S. Atty., William D. Mallard, Jr., Asst. U. S. Atty., Birmingham, Ala., John M. Dowd, Tax Div., Scott P. Crampton, Asst. Atty. Gen., Ann E. Belanger, Meyer Rothwacks, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

J. Gilmer Blackburn, Robert Straub, Decatur, Ga., for Perry.

William B. Eyster, Decatur, Ala., for Maryland Cas.

Before JOHN R. BROWN, Chief Judge and THORNBERRY and MORGAN, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge.

The Internal Revenue Service brought this action against the appellees to set aside the transfer of certain real property as fraudulent against the government and to impress and foreclose an equitable lien on the property. The District Court for the Northern District of Alabama dismissed the government's claim as barred by an earlier state court quiet title action under principles of res judicata. From that adverse decision, the Internal...

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