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LAING v. UNITED STATES

Civ. A. No. 6661.

364 F.Supp. 469 (1973)

James Burnett McKay LAING v. UNITED STATES of America et al.

United States District Court, D. Vermont.

September 12, 1973.

Attorney(s) appearing for the Case

Martin G. Weinberg, Crane, Inker & Oteri, Boston, Mass., and Duncan Frey Kilmartin, Rexford & Kilmartin, Newport, Vt., for plaintiff.

John P. Hines, Dept. of Justice, Washington, D. C., and George W. F. Cook, U. S. Atty., Rutland, Vt., for defendants.

OPINION AND ORDER

COFFRIN, District Judge.

On July 15, 1972 plaintiff filed an action seeking an injunction against the continued possession by the Internal Revenue Service (IRS) of money allegedly belonging to him and a declaratory judgment that the provisions of the Internal Revenue Code under which the assessment and levy on his property were made were unconstitutional. A flurry of motions to accelerate the course of this proceeding were filed shortly...

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