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KENT v. NORTHERN CAL. REG. OFF. OF AMER. FRIENDS SERV. COM.

Nos. 72-1093, 72-1094.

497 F.2d 1325 (1974)

Roger KENT et al., Plaintiffs-Appellees, v. The NORTHERN CALIFORNIA REGIONAL OFFICE OF the AMERICAN FRIENDS SERVICE COMMITTEE et al., Defendants-Appellants. Roger KENT et al., Plaintiffs-Appellants, v. The UNITED STATES and the Northern California Regional Office of the American Friends Service Committee et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

May 10, 1974.

Attorney(s) appearing for the Case

Timothy H. Power (argued), San Francisco, Cal., for Northern Cal. Regional Office of American Friends Service Committee et al.

Marshall W. Krause (argued), Fairfax, Cal., Scott Crampton, Asst. Atty. Gen., John A. Townsend, Tax Div., U. S. Dept. of Justice, Washington, D. C., James Browning, U. S. Atty., John Youngquist, Asst. U. S. Atty., San Francisco, Cal., for Roger Kent et al.

John A. Townsend (argued), Meyer Rothwacks, Scott Crampton, Asst. Atty. Gen., Tax. Div., U. S. Dept. of Justice, Washington, D. C., James L. Browning, U. S. Atty., John M. Youngquist, Asst. U. S. Atty., San Francisco, Cal., for the United States et al.

Before CHAMBERS, CARTER and WALLACE, Circuit Judges.

OPINION

WALLACE, Circuit Judge:

Three essentially identical and consolidated interpleader and injunctive relief actions were brought in the district court in an attempt to test the constitutionality of congressional spending on the conflict in Viet Nam and the constitutionality of the federal telephone tax. (Section 4251 of the Internal Revenue Code of 1954, 26 U.S.C. § 4251.) The district judge dismissed the actions. We affirm.

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