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RODGERS v. UNITED STATES

No. 15175.

218 F.2d 760 (1955)

S. M. RODGERS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 11, 1955.

Attorney(s) appearing for the Case

G. W. Parker, Jr., A. E. Brooks, Stone, Agerton, Parker & Kerr, Fort Worth, Tex., Brooks & Brooks, Fort Worth, Tex., for appellant.

Karl Schmeidler, Sp. Asst. to Atty. Gen., Ellis N. Slack, Asst. Atty. Gen., H. Brian Holland, Asst. Atty. Gen., Heard L. Floore, U. S. Atty., Ft. Worth, Tex., Hilbert P. Zarky, L. W. Post, Sp. Assts. to Atty. Gen., A. W. Christian, Asst. U. S. Atty., Fort Worth, Tex., for appellee.

Before BORAH and TUTTLE, Circuit Judges, and DAWKINS, District Judge.

Rehearing Denied March 11, 1955. See 220 F.2d 170.

TUTTLE, Circuit Judge.

Plaintiff below, appellant here, sued the United States for a refund of gift taxes. The Collector of Internal Revenue who was in office at the time of payment of the tax was no longer in office at the time of filing of this suit, and the plaintiff therefore elected to sue the United States, which he had a right...

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