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UNITED STATES v. WARREN

Civ. No. 482.

235 F.Supp. 638 (1964)

UNITED STATES of America, Plaintiff, v. S. P. WARREN, Gwendolyn K. Warren, Merchants & Farmers Bank of Statesville, Inc., a corporation, A. B. Raymer, Trustee, State of North Carolina, Iredell County, City of Statesville, Defendants.

United States District Court W. D. North Carolina, Statesville Division.

Decided November 17, 1964.

Attorney(s) appearing for the Case

William Medford, U. S. Atty., Asheville, N. C., and Joseph R. Cruciani, Asst. U. S. Atty., Charlotte, N. C., for plaintiff.

C. B. Winberry, Statesville, N. C., for defendants S. P. and Gwendolyn K. Warren.

Raymer, Raymer & Lewis, Statesville, N. C., for North Carolina Nat. Bank, successor to defendant Merchants & Farmers Bank of Statesville, Inc.

Wade Bruton, Atty. Gen., of North Carolina, and Peyton B. Abbott, Deputy Atty. Gen., of North Carolina, Raleigh, N. C., for defendant State of North Carolina.

Isaac T. Avery, Jr., Statesville, N. C., for defendant Iredell County.

Collier, Harris & Collier, Statesville, N. C., for defendant City of Statesville.

CRAVEN, Chief Judge.

This civil action is brought by the United States to enforce federal tax liens by foreclosure of such liens on property owned by the defendants S. P. and Gwendolyn K. Warren. The Warrens have moved for a jury trial on all issues of fact arising on the pleadings. This motion is resisted by the United States.

According to the pleadings, a deficiency income tax liability was assessed against S...

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