VASILINDA v. UNITED STATES

No. 71-1802.

487 F.2d 24 (1973)

Jo Rae VASILINDA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 12, 1973.


Attorney(s) appearing for the Case

R. W. (Bill) Glenn, Douglas H. Parks, Dallas, Tex., for plaintiff-appellant.

Frank McCowan, U. S. Atty., Kenneth J. Mighell, Asst. U. S. Atty., Dallas, Tex., Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Gilbert E. Andrews, Jr., Thomas L. Stapleton, Gary R. Allen, Attys., Scott P. Crampton, Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.


PER CURIAM:

The plaintiff-appellant, Jo Rae Vasilinda, brought this suit to enjoin the collection of a $300 excise tax assessed against her as a tax on the transfer of marijuana. She contends that the payment of the tax would abridge her privilege against self-incrimination. The district court dismissed the complaint, holding that the collection of the tax would not violate the fifth amendment, and that the injunction suit was barred by the Tax Injunction Act, 26...

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