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UNITED STATES v. BAILEY

No. 82-1400.

707 F.2d 19 (1983)

UNITED STATES of America, Plaintiff, Appellant, v. F. Lee BAILEY, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 23, 1983.

Attorney(s) appearing for the Case

Kenneth L. Greene, Tax Div., Dept. of Justice, Washington, D.C., with whom Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Daniel F. Ross, Richard W. Perkins, Attys., Tax Div., Dept. of Justice, Washington, D.C., and William F. Weld, U.S. Atty., Boston, Mass., were on brief, for plaintiff, appellant.

Kenneth J. Fishman, Boston, Mass., for F. Lee Bailey.

Before COFFIN and BOWNES, Circuit Judges, and TAURO, District Judge.

COFFIN, Circuit Judge.

The United States government (government) appeals from a judgment by the district court holding defendants liable, under 26 U.S.C. § 6332, for the value of certain stock certificates upon which the government imposed a tax levy and which defendants refused to release. The issue before us is whether the district court erred in determining that, despite the fact that on September 28, 1970, stock in Transogram Company, Inc. traded for $8 per...

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