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UNITED STATES v. FERNON

No. 78-3634.

640 F.2d 609 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Randolph C. FERNON, Jr., Etc. and Susanna F. Fernon, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

March 23, 1981.

Attorney(s) appearing for the Case

Stanley M. Lane, Tampa, Fla., for defendants-appellants.

M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Grant W. Wiprud, John A. Dudeck, Jr., Tax Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before GEWIN, RONEY and FRANK M. JOHNSON, Jr., Circuit Judges.

GEWIN, Circuit Judge:

Appellants, husband and wife, appeal from the district court's judgment finding them liable to the appellee-Government, as a defrauded creditor, for the sum of $40,000 plus interest. The following three issues were raised before this court: (1) whether the Government's cause of action was barred by state statute of limitations or common-law doctrine of laches; (2) whether prejudicial error affecting...

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