MARVEL v. UNITED STATES

No. 75-1825.

548 F.2d 295 (1977)

Fred MARVEL and Angela Marvel, dba Marvel Photo, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided January 13, 1977.


Attorney(s) appearing for the Case

James L. Edgar and Stephen A. Milligan of Edgar, Manipella & Hinds, Tulsa, Okl., for appellants.

Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Crombie J. D. Garrett, Francis J. Gould, Attys., Dept. of Justice, Washington, D.C., and Nathan G. Graham, U. S. Atty., Tulsa, Okl., of counsel, for appellee.

Before LEWIS, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.


LEWIS, Chief Judge.

Appellants Fred and Angela Marvel (taxpayers) seek review of a district court order denying their motion for a temporary restraining order and preliminary injunction enjoining the Internal Revenue Service (IRS) from levying on taxpayers' assets during the pendency of their suit for refund and abatement of allegedly unpaid FICA, federal withholding, and federal unemployment taxes. The issue presented is whether the relief sought is barred by the...

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