Thrower v. Miller

440 F.2d 1186 Randolph THROWER, Acting Commissioner of Internal Revenue Service, Lewis J. Conrad, District Director of Internal Revenue Service for the District of Alaska, Fred A. Kings and Peter Gatz, Appellants, v. Bertis W. MILLER, Appellee. No. 24245. United States Court of Appeals, Ninth Circuit. March 23, 1971. Rehearing Denied April 22, 1971. Issie L. Jenkins (argued), Dept. of Justice, Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson and Crombie J. D. Garrett, Attys., Dept of Justice, Washington, D. C., for appellants. John S. Hedland (argued), Anchorage, Alaska, for appellee. Before DUNIWAY, WRIGHT and KILKENNY, Circuit Judges. PER CURIAM: 1 This is an appeal from a preliminary injunction enjoining appellants from, among other things, attempting to collect from appellee, or his employer, certain internal revenue assessments made by appellants on September 12, 1962. FACTUAL SETTING 2 In February, 1969, appellee filed a complaint in the district court asking that appellants be enjoined from further collecting, or attempting to collect from him, or his employer, the withholding tax assessed by appellants against the taxpayer on September 12, 1962, and for other…