RALPH E. WILLIAMS AND WILLIAM C. MILLS, APPELLANTS,
v.
RANDOLPH W. THROWER, COMMISSIONER OF INTERNAL REVENUE, AND HUGH D. JONES, DISTRICT DIRECTOR OF INTERNAL REVENUE SERVICE, PARKERSBURG, WEST VIRGINIA, APPELLEES; ROY K. HENSLEY AND JOHN D. JARRELL, APPELLANTS, V. RANDOLPH W. THROWER, COMMISSIONER OF INTERNAL REVENUE, AND HUGH D. JONES, DISTRICT DIRECTOR OF INTERNAL REVENUE SERVICE, PARKERSBURG, WEST VIRGINIA, APPELLEES

4th Cir. | 1972-03-27
Nos. 71-1963, 71-1964
455 F.2d 988 United States Court of Appeals for the Fourth Circuit (1972) Positive Treatment
Cited by 4 cases

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Holding

The court affirmed the district court's dismissal of the complaints, finding no reason to reconsider prior rulings.


Facts & Procedural History

Appellants filed complaints to restrain the United States from assessing and collecting unpaid federal wagering taxes. The district court dismissed bo…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

Appellants, Ralph E. Williams and William C. Mills, filed a complaint in the district court on October 22, 1969, asking the court to restrain the United States from assessing and collecting certain unpaid federal wagering taxes. Appellants, Roy K. Hensley and John D. Jarrell, had filed a similar complaint on September 19, 1969. On August 2, 1971, the district court dismissed both complaints relying on McAlister v. Cohen, 308 F.Supp. 517 (S.D.W.Va.1970), aff’d, 436 F. 2d 422 (4 Cir. 1971), and these appeals followed.

The appellants concede that the contentions raised in their brief were rejected by this court in McAlister, supra, and Washington v. United States, 402 F. 2d 3 (4 Cir. 1968), cert. denied, 402 U.S. 978, 91 S.Ct. 1641, 29 L.Ed.2d 145 (1971); however, they urge this court to reconsider those decisions.

Upon examination and consideration of the records and the briefs we see no reason to depart from our prior holdings. Accordingly, we dispense with oral argument and affirm the judgments below.

Affirmed.


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