U.S. Court of Appeals for the Fourth Circuit, 1972

Williams v. Thrower

Williams v. Thrower
U.S. Court of Appeals for the Fourth Circuit · Decided March 27, 1972
455 F.2d 988 (Federal Reporter, Second Series)

Williams v. Thrower

Opinion of the Court

PER CURIAM:

Appellants, Ralph E. Williams and William C. Mills, filed a complaint in the district court on October 22, 1969, asking the court to restrain the United States from assessing and collecting certain unpaid federal wagering taxes. Appellants, Roy K. Hensley and John D. Jarrell, had filed a similar complaint on September 19, 1969. On August 2, 1971, the district court dismissed both complaints relying on McAlister v. Cohen, 308 F.Supp. 517 (S.D.W.Va. 1970), aff’d, 436 F.2d 422 (4 Cir. 1971), and these appeals followed.

The appellants concede that the contentions raised in their brief were rejected by this court in McAlister, supra, and Washington v. United States, 402 F.2d 3 (4 Cir. 1968), cert. denied, 402 U.S. 978, 91 S.Ct. 1641, 29 L.Ed.2d 145 (1971); however, they urge this court to reconsider those decisions.

Upon examination and consideration of the records and the briefs we see no reason to depart from our prior holdings. Accordingly, we dispense with oral argument and affirm the judgments below.

Affirmed.

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