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BUCK v. UNITED STATES

No. 72-1306.

466 F.2d 481 (1972)

Millard P. BUCK and Dorothy J. Buck, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 13, 1972.

Attorney(s) appearing for the Case

William D. Lunn, Muskogee, Okl., (Wilcoxen, Gephart, Lunn & Mayes, Muskogee, Okl., on the brief), for plaintiffs-appellees.

David English Carmack, Atty., Tax Div., Dept. of Justice (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks and Crombie J. D. Garrett, Attys., Tax Div., Dept. of Justice, Nathan G. Graham, U. S. Atty., and Jack M. Short, Asst. U. S. Atty., on the brief), for defendant-appellant.

Before BREITENSTEIN, SETH and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

At issue is the validity of an injunction against the United States restraining the application of proceeds from seizures by the Internal Revenue Service on account of unpaid taxes, penalties, and interest in any manner other than the chronological order of the due dates thereof. The IRS proposes to apply the proceeds pro rata.

The taxpayers, Millard P. Buck and Dorothy J. Buck, are husband and wife and reside in Oklahoma. The...

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