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UNITED STATES v. PARK CITIES BANK & TRUST COMPANY

No. 72-2887.

481 F.2d 738 (1973)

UNITED STATES of America, Plaintiff-Appellant-Cross Appellee, v. PARK CITIES BANK & TRUST COMPANY, Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

June 15, 1973.

Attorney(s) appearing for the Case

Frank D. McCown, U. S. Atty., Fort Worth, Tex., Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Dennis M. Donohue, Attys., Tax Div., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Jack M. Kinnebrew, Wilson W. Herndon, Dallas, Tex., for defendant-appellee.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.

AINSWORTH, Circuit Judge:

The United States sued Park Cities Bank and Trust Company under 26 U.S.C. § 3505(b) (1971)1 to recover $17,099.74 withholding tax owed to the Government by one of the bank's customers, Newby-Fitch and Associates, Inc., for the first three quarters of 1968. The district court granted judgment in favor of the Government for $11,427.75 attributable to the second quarter...

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