SHERAR v. HARLESS

Nos. 74-2261, 75-1133 and 75-1223.

561 F.2d 791 (1977)

Archie P. SHERAR, Plaintiff-Appellant, v. Raymond F. HARLESS, District Director, I.R.S., Robert Hampton, Chairman, Ludwig Andolsek, James E. Johnson, Commissioners, U. S. Civil Service Commission, Defendants-Appellees. UNITED STATES of America and Edmund R. Bezdek, Petitioners-Appellees, v. Archie P. SHERAR, Individually, and as President of L. M. Service, Inc., Respondents-Appellants. Archie P. SHERAR, Plaintiff-Appellant, v. Cornelius J. COLEMAN, Acting District Director, William Lefbom, Acting Assistant District Director, Internal Revenue Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

September 26, 1977.


Attorney(s) appearing for the Case

Archie P. Sherar, pro se.

Nancy Simpson, Asst. U.S. Atty., San Francisco, Cal., argued for appellee.

Before CHOY and GOODWIN, Circuit Judges, and HOFFMAN, District Judge.


WALTER E. HOFFMAN, District Judge:

The principal issue before us is whether the District Court has subject matter jurisdiction of No. 74-2261, appellant's back pay claim. It was concluded at the time of argument that No. 75-1223 is moot, and we need not discuss the government's contention that the anti-injunction statute, 26 U.S.C. § 7421, would be violated by the requested injunctive relief. No. 75-1133 is also moot, in that there is no further need to enforce...

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