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HARTMAN v. UNITED STATES

No. 75-1698.

538 F.2d 1336 (1976)

George D. HARTMAN, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 30, 1976.

Attorney(s) appearing for the Case

Anthony J. Sestric, St. Louis, Mo., for appellant.

William M. Brown, Jr., Atty. Tax Div., Dept. of Justice, Washington, D. C., for appellee; Donald J. Stohr (former U. S. Atty.; effective May 15th, Barry A. Short, U. S. Atty.), St. Louis, Mo., Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews and Michael L. Paup, Attys., Tax Div., Dept. of Justice, Washington, D. C., on brief.

Before GIBSON, Chief Judge, HENLEY, Circuit Judge, and MEREDITH, Chief District Judge.

HENLEY, Circuit Judge.

This is a federal tax refund case in which George D. Hartman, Jr., plaintiff below, appeals from a judgment of the United States District Court for the Eastern District of Missouri.1

The litigation arises from the fact that with respect to the first two calendar quarters of 1970 Archway Erection Company (Archway), a Missouri corporation, failed to account for and pay over to the government sums withheld from...

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