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TURPIN v. U.S.

No. 91-1773.

970 F.2d 1344 (1992)

Henry Thomas TURPIN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 17, 1992.

Attorney(s) appearing for the Case

Mark John Hardcastle, Hardcastle & Dever, Rockville, Md., argued, for plaintiff-appellant.

Susan Findling Fleig, Tax Div., U.S. Dept. of Justice, Washington, D.C., argued (James A. Bruton, Acting Asst. Atty. Gen., Gary R. Allen, Kenneth L. Greene, Kevin M. Brown, Tax Div., U.S. Dept. of Justice, Washington, D.C., Richard D. Bennett, U.S. Atty., Baltimore, Md., on brief), for defendant-appellee.

Before RUSSELL and LUTTIG, Circuit Judges, and KELLAM, Senior District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

LUTTIG, Circuit Judge:

A jury in the United States District Court in Maryland found by special verdict that plaintiff-appellant Henry Thomas Turpin had not willfully failed to pay over federal taxes that had been withheld from the wages of Turpin's mining company employees. The district court granted the government's motion for judgment notwithstanding the verdict on its counterclaim for unpaid taxes, holding that Turpin had, as a matter of law,...

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